Gopal Singh @ Pala vs. State of H.P. Cr.MP(M) No.2380 of 2024 25.02.2025 Present: Mr. Rocky, Advocate, vice Mr. Devender K. Sharma, Advocate, for the applicant. Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, for respondent/State. Cr.M.P. No. 4381 of 2024 In view of the factual position, as mentioned in the application, delay in re-filing the application is condoned. The application is, thus, disposed of. Cr.MP(M) No.2380 of 2024 Reply to the application for condonation of delay has not been filed, but the prayer made in the application, has been opposed by tooth and nail. The applicant has preferred the accompanying appeal against the judgment of conviction and order of sentence dated 12.03.2024 passed by the learned Special Judge, Una, (hereinafter referred to as the trial Court), in Sessions Trial No.9 of 2021, arising out of FIR No.11 of 2021, dated 13.04.2021, registered at Women Police Station, Una, H.P., under Section 354-A of the Indian Penal Code, 1860, Section 10 of Protection of Children from Sexual Offences Act, 2012 (hereinafter called as ‘POCSO Act’) and Section 3(2) (va) and 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Vide judgment of conviction and order of sentence as referred to above, the applicant has been convicted for the offence punishable under Section 10 of the POCSO Act and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.20,000/- and in default of payment of fine, he has been further directed to undergo simple imprisonment for two months. In view of reasons, as mentioned in the application for condonation of delay, this Court is of the view that the applicant is not going to achieve anything had he not been prevented to file the appeal within the prescribed period of limitation. As such, the application for condonation of delay is allowed and delay in filing the appeal is condoned. The application is disposed of accordingly. Cr. Appeal No……..of 2025 Vide order of even date passed in Cr.MP(M) No. 2380 of 2024, delay in filing the appeal has been ordered to be condoned. Be registered. The appeal is admitted for hearing. Call for the records. Cr.MPST No.4872 of 2024 By way of the present application, which has been filed, under Section 389 of Criminal Procedure Code, the petitioner/ applicant has sought the suspension of order of sentence dated 12.03.2024, passed by the learned trial Court. Since, the appeal, preferred against the judgment of conviction and order of sentence, as referred to hereinabove, is likely to take sufficient long time, for its disposal, as such, during the pendency of the present appeal, the order of sentence is ordered to be suspended, subject to the following conditions: (i) That the applicant shall furnish bail bond in the sum of Rs.50,000/-, along with one surety of the like amount, to the satisfaction of the learned trial Court, within a period of four weeks from today, with an undertaking that he will surrender before the learned trial Court to serve the substantive sentence, in case of ultimate dismissal of the present appeal, by this Court; (ii) That the applicant shall deposit the fine amount, if not already deposited, within a period of four weeks. With these observations, application is disposed of. (Virender Singh) Judge February 25, 2025 (subhash)