Bhaskar Raj Pradhan, J. - (1.) On a joint trial conducted of the three convicted persons the learned Special Judge, (POCSO), West Sikkim at Gyalshing vide judgment dated 09.11.2017 convicted all of them including the present Applicant.
(2.) An appeal under section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) was preferred by the Applicant on 28.03.2018.
(3.) The present application under section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence pending the appeal was preferred by the Applicant on 28.02018 itself. The Applicant pleads that he is the only earning member of his family consisting of himself, his wife and two minor children who has been in judicial custody since 11.02.2017. The Applicant also pleads that although there was no material against the Applicant he was convicted under section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and under Section 506 of the Indian Penal Code, 1860 (IPC). It is pleaded that since the appeal may take considerable time for final disposal he may be released on bail. The Applicant is willing to appear before this Court on every date of hearing and abide by any stringent terms and conditions imposed. The Applicant is also ready to produce reliable sureties to the satisfaction of this Court. ;