Navnath Nivrutti Gangode v. The State Of Maharashtra

P.H. Jayani 08 IA1534.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1534 OF 2020 IN CRIMINAL APPEAL NO. 468 OF 2017 Navnath Nivrutti Gangode ....Applicant v/s.

The State of Maharashtra .... Respondent Mrs. Anjali Patil for the Applicant.

Mrs. M.H. Mhatre, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 02nd JULY, 2021.

P. C. :- .

The Applicant seeks suspension of sentence and release on bail. 2.

It is seen that the Applicant who has been convicted for offences under Sections 376(2)(i), 506 r/w. 34 of IPC and Section 4 of POCSO Act for a period of 10 years, has already undergone sentence of 7 1⁄2 years including remission. Considering the period of sentence undergone, it is appropriate that the Appeal itself is heard finally on merits.

3.

It is stated that the co-accused has filed a separate Bail 1/2

P.H. Jayani 08 IA1534.2020.doc Application. Learned APP to give the number of the said Bail Application. Registry, thereafter, to tag the said bail application along with this file. It is also stated that the R&P were called for, however, the same are not yet received. Registry to send a reminder to the concerned Court for forwarding the record and proceedings forthwith. Since, the Appeal itself is fixed for final hearing on 12/07/2021, Interim (Bail) Application No.1534 of 2020 is disposed of with liberty to the Applicant to file fresh Application for bail in the event the Appeal is not heard finally and decided in three weeks. (SMT. ANUJA PRABHUDESSAI, J.) 2/2