Ankush Krushana Waghe v. The State Of Maharashtra And ANR

(904)APANo.3522019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.352 OF 2019 IN CRIMINAL APPEAL NO.385 OF 2019 Ankush Krushana Waghe ...

Applicant V/s.

The State of Maharashtra & Anr.

...

Respondents .....

Mr.Gaurav Parkar, Advocate for the Applicant. Mr.S.V.Gavand, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 8th MARCH 2019.

P.C. :

This is an application for suspension of the sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. He is convicted of the offences punishable under Section 11(i)(iv) read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 and is sentenced to suffer rigorous imprisonment for one year apart from direction to pay fine of Rs.2,000/- and in default to further undergo simple imprisonment for three months.

Heard the learned Counsel appearing for the applicant as well as the learned Additional Public Prosecutor. Gaikwad RD 1/2

(904)APANo.3522019.doc It is reported that the substantive sentence of imprisonment imposed on the applicant has already been suspended by the learned trial Court. He was on bail during the trial and he has not misused his liberty.

In this view of the matter, the following Order :

ORDER

(i) The substantive sentence of imprisonment imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P.R.Bond of Rs.15,000/- and on furnishing surety in the like amount. (ii) As a condition of this Order, the applicant/accused should not contact the victim female child or her relatives in any manner.

(iii) He should not repeat the commission of similar offence in future.

(iv) The application is accordingly disposed of. (A.M.BADAR J.) Gaikwad RD 2/2