Kashinath Ananda Sarukte v. The State Of Maharashtra And ANR

1 /2 901-appa-410-18 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.410 OF 2018 IN CRIMINAL APPEAL NO.245 OF 2018 Kashinath Ananda Sarukte vs.

The State of Maharashtra and ors.

Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.J.Pawar for the Applicant.

Ms. R.M.Gadhavi,APP. for the State.

CORAM :A.S.GADKARI, J.

DATE : 15th March, 2018 P.C.

1.

This is an application for suspension of sentence and releasing the applicant on bail.

2.

The applicant is convicted for the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- in default to further suffer rigorous imprisonment for three months and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for three years and one year respectively and to pay a fine of Rs.500/- in default to further suffer rigorous imprisonment for three months on each count by the learned Sessions Judge, Nashik in Sessions Case No.171/2017 by its

2 /2 901-appa-410-18 Judgment and Order dated 15.2.2018.

2.

The Lenard counsel appearing for the applicant submitted that the applicant has already deposited the fine amount with the Trial Court. He further submitted that the Trial Court has released the applicant on bail under Section 389(3) of the Cr.P.C. by an order dated 15.2.2018. 3.

As the maximum sentence imposed upon the applicant is three years of rigorous imprisonment, I am inclined to release the applicant on bail.

3.

Hence, the following order.

a) The applicant be released on bail in Sessions Case No.171/2017 on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. b) During the pendency of the appeal, the applicant is directed to mark his presence before the Trial Court on every first Monday of the month between 11.00 a.m. to 2.00 p.m. If the said first Monday is a Court holiday /public holiday the applicant shall mark his presence on the immediate next day.

c) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)