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Bombay High CourtAPPA/822/2018

Ravindra Dashrath Chabukswar v. The State Of Maharashtra

2018-07-09Hon'Ble Shri Justice A.M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.821 OF 2018 IN CRIMINAL APPEAL NO.588 OF 2018 WITH CRIMINAL APPLICATION NO.822 OF 2018 IN CRIMINAL APPEAL NO.588 OF 2018 Ravindra Dashrath Chabukswar ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Ms.Rekha D. Satpute with Mr.Vaibhav Shah, Advocate for the Applicant.

Mr.S.V.Gavand, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 9th JULY 2018.

P.C. :

These are applications for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant is convicted of offences punishable under Section 342, 354 and 506(II) of the Indian Penal Code apart from the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act (hereinafter 1/3

referred to as 'POSCO' for the sake of brevity). Different sentences are imposed on each count and all substantive sentences are directed to run concurrently. The highest sentence is for the offence punishable under Section 8 of the POCSO as well as under Section 354 of the IPC. On these counts, the applicant is separately sentenced to suffer rigorous imprisonment for three years.

Heard the learned Advocate appearing for the applicant/accused as well as the learned Additional Public Prosecutor.

It is reported that the substantive sentences imposed on the applicant had already suspended by the learned trial Court and the applicant is released on bail. It is also reported that the applicant has deposited the entire amount of fine. The applicant was on bail during trial.

In this view of the mater, as the appeal filed by the applicant may not be heard within a short period, the following Order :

ORDER

(i) The substantive sentence imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P. R. Bond in the sum of Rs.15,000/- and on furnishing one surety in the like amount.

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(ii) As a condition of this Order, the applicant/accused should not repeat commission of similar offence in future and he should not contact the victim child as well as the prosecution witnesses in any manner.

(iii) The applications are disposed of accordingly. Digitally signed by Raju Dattatraya Gaikwad Date:

2018.07.09 15:03:06 +0530 Raju Dattatraya Gaikwad (A.M.BADAR J.) 3/3