1. Heard Mr. S. Sardessai, learned Counsel for the applicant and Mr. M. Amonkar, learned Addl. Public Prosecutor for the respondent.

2. By way of present application, applicant is seeking suspension of sentence dated 17 October 2022/19 October 2022 passed by the learned Additional Sessions Judge, Panaji in Sessions Case(ors) No.63 of 2016, whereby the applicant is found guilty for the offences punishable under Sections 376, 406 and 323 of Indian Penal Code and accordingly, sentenced to undergo imprisonment for 10 years and also to pay fine as found in the operative part of the judgment impugned herein.

3. Learned Counsel Mr. S. Sardessai, submit that the applicant was on bail throughout the trial and after the judgment was passed he was taken into custody to serve the sentence.

4. Learned Counsel Mr. S. Sardessai, submit that the applicant is having a good case on merits and that the applicant and prosecutrix were in relationship for a period of eight years and only because the applicant failed to marry the prosecutrix as allegedly promised, she filed FIR.

5. Since applicant was on bail during the trial and there are no allegations of flouting the conditions of bail during the trial, the applicant could be enlarged on bail as there are prima facie good grounds on merit. Hence, the following:-

O R D E R

i. Application is allowed

ii. The impugned sentence of imprisonment/ substantive sentence awarded by the trial Court is hereby suspended till the disposal of the appeal.

iii. The applicant shall be enlarged on bail on furnishing personal bond of ₹25,000/-(Rupees twenty five thousand only) with one surety in the like amount to the satisfaction of the trial Court.

iv. The applicant shall deposit fine amount imposed with the trial Court within a period of 10 days from the date of his release.

v. The application stands disposed of.