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Bombay High CourtIA/3606/2023disposed off

Chandrakant Vishnu Choudhari v. State Of Maharashtra And ANR.

2024-03-21Hon'Ble Shri Justice Kishore C. Sant2 pages

(7)-IA-3606-23.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.22 16:46:14 +0530 BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.3606 OF 2023 IN CRIMINAL APPEAL NO.1201 OF 2023 Chandrakant Vishnu Choudhari ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents Mr. Jyotiram S. Yadav, for the Applicant.

Mrs. M. R. Tidke, APP for the Respondent/State. CORAM : KISHORE C. SANT, J.

DATE : 21st MARCH, 2024 P.C.

1.

This Application is filed by Applicant for suspension of sentence and release on bail in connection with judgment and order passed by Extra Joint District and Sessions Judge, Raigad-Alibag dated 11.12.2020 for offence punishable under Section 376(AB) of IPC and Sections, 3, 4, 5(m), 6 of POCSO Act. 2.

After hearing learned counsel for the parties for sometime and after going through the evidence of PW-1, PW-2/victim and PW-5/doctor, this Court finds that there is sufficient evidence on the basis of which the accused is convicted. No case is made out to show that the impugned judgment is perverse or based on no evidence. This Court does not find any case for suspension of sentence.

BGP.

(7)-IA-3606-23.doc.

3.

The Application therefore stands rejected.

4.

Hearing of the Appeal is expedited.

5.

If the Appeal is not taken up for hearing within reasonable time, Applicant is at liberty to move this Court for suspension of sentence.

[KISHORE C. SANT, J.] BGP.