Shrikantsing Sukhdeo Singh v. The State Of Maharashtra And ANR.

rpa 1/2 27 ia 1972 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1972 OF 2021 IN CRIMINAL APPEAL NO.655 OF 2017 Shrikantsing Sukhdeo Singh .. Applicant/Appellant

Versus

State of Maharashtra and Anr.

.. Respondents ......

Mr.Rameshwar Gite, Advocate for the Applicant/Appellant. Mr.S.V. Gavand, APP for the Respondent No.1-State. Mrs.Farhana Shah, Advocate (Appointed) for Respondent No.2. ......

CORAM :

PRAKASH D. NAIK, J.

DATED :

MARCH 10, 2022.

P.C. :

This is an application for suspension of sentence and grant of bail. The applicant has been convicted for the offence punishable under Section 376(2)(f) of IPC and Section 5(n) read with Section 6 of POCSO Act. The maximum sentence imposed upon him is for a period of 10 years.

Learned counsel for the applicant submitted that the applicant is in custody for about fve years and one month. The Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.03.14 11:18:18 +0530 RAJESHRI PRAKASH AHER applicant has good case on merits. The age of the victim has not been established during the trial. The applicant has been falsely implicated in this case.

rpa 2/2 27 ia 1972 of 2021.doc Learned APP and learned counsel for respondent no.1 submitted that the victim was minor at the time of incident. She was 13 years. The previous application for suspension of sentence has been rejected by this Court. Atleast the Appeal may be directed to be heard expeditiously.

Considering the submissions of both the sides, and, considering the fact that the previous application was rejected by this Court by order dated 21st September, 2017, the request for grant of suspension of sentence and bail cannot be considered. However, hearing of Appeal can be expedited.

:: O R D E R ::

(i) Interim Application No.1972 of 2021, is rejected; (ii) The hearing of Appeal is expedited;

(iii) On receipt of the paper-book in the Court along-with the record and proceedings, the appellant is permitted to mention the matter for fxing the date of hearing. (PRAKASH D. NAIK, J.)