Amitkumar Dilip Singh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.968 OF 2018 IN CRIMINAL APPEAL NO.795 OF 2018 AMITKUMAR DILIP SINGH )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Manoj Bhatt, Advocate for the Applicant.

Mr.A.R.Kapadnis, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

28th JUNE 2018 P.C. :

This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused is convicted for the offence punishable under Section 354(d) of the Indian Penal Code as well as Sections 7 and 8 of the Protection of Children from avk 1/3

Sexual Offences Act, 2012, and he has been sentenced to suffer rigorous imprisonment for 3 years apart from imposition of fine and default sentence.

Heard both sides. During pendency of the trial, the applicant/accused was on bail and he has not misused his liberty. It is reported that the learned trial court has already suspended the substantive sentence of imprisonment. The appeal is not likely to be heard in near future. Therefore, the order :

ORDER

i) The application is allowed.

ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused is ordered to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in the like amount.

iii) As a condition of this order, the applicant/accused should not contact the victim child as well as the prosecution witnesses.

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iv) The applicant/accused should not repeat commission of similar offence in future.

v) The application is accordingly disposed of.

(A. M. BADAR, J.) avk 3/3