Somnath Balasaheb Patil v. The State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1607 OF 2021 IN CRIMINAL APPEAL NO.514 OF 2021 Somnath Balasaheb Patil .... Applicant versus State of Maharashtra & Anr.

.... Respondents .......

• Mr. Akshay H. Bankapur i/b. Ravi V. Asabe, Advocate for Applicant.

• Smt. J. S. Lohokare, APP for the State/Respondent. • Mr. Ajinkya M. Udane, (Appointed Advocate) for Respondent No.2.

CORAM

: SARANG V. KOTWAL, J.

DATE : 15th SEPTEMBER, 2022 P.C. :

1.

This is application for suspension of Applicant' s sentence during pendency and final disposal of the Criminal Appeal No.514 of 2021.

2.

The Applicant was convicted for commission of offence Digitally signed by MANUSHREE V NESARIKAR Date:

2022.09.16 11:03:17 +0530 MANUSHREE V NESARIKAR punishable u/'s 354-A of IPC and u/s 7 r/w 8 of the Protection Nesarikar

2 / 3 of Children from Sexual Offences Act, 2012. The maximum punishment imposed on him was two years besides imposition of fine of Rs.2,000/-.

3.

The Appeal is already admitted. Learned counsel for the Applicant states that he has paid the fine. He further submitted that during pendency of the trial, he was on bail and he has not misused the liberty. Even after his conviction, he was granted temporary bail by the trial Court u/s 389 of Cr.P.C. That order was continued by this Court vide previous order. 4.

Considering this background and the short sentence only of two years and as the Appeal is not likely to be decided during that period, the application deserves to be allowed. 5.

Hence, the following order :

O R D E R

(i) During pendency and final disposal of the Criminal Appeal No.514 of 2021, the Applicant

3 / 3 is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one or two sureties in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)