Ankush Maruti Deshmane v. State Of Maharashtra

(14)APPA-1307-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.1307 OF 2016 IN CRIMINAL APPEAL NO.693 OF 2016 Ankush Maruti Deshmane ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Sachin H. Deokar, Advocate for the Applicant. Ms.A.A.Takalkar, APP for the Respondent/State. ....

CORAM :

P. N. DESHMUKH J.

DATED :

24th OCTOBER 2016.

P.C.

Issue notice to respondent. Learned Additional Public Prosecutor accepts notice on behalf of respondent/State of Maharashtra and seeks time to obtain instructions.

Heard.

This application is filed for suspension of sentence and for bail by the accused, who is convicted for the offence punishable under Section 354-A and Section 8 of the Protection of Children from Sexual Offences Act, 2012 and is sentenced to suffer rigorous imprisonment for the period of three years and to pay fine of Rs.3,000/-, in default to suffer rigorous imprisonment for three months on both counts. Both Gaikwad RD 1/2

(14)APPA-1307-16 the sentences are directed to run concurrently. It is submitted that applicant was on bail pending trial and sentence imposed upon applicant is already suspended by the learned trial Court. It is also contended that fine amount is paid.

Considering the facts, as aforesaid, and as applicant is sentenced with imprisonment of three years, application is liable to be allowed as per order below :

(i) Applicant shall be released on bail on his executing personal bond in the sum of Rs.15,000/- with one surety in like amount.

(ii) While on bail applicant shall mark his presence with Vishrantwadi Police station once in three months on first day of each such month, pending appeal.

(iii) Applicant shall submit proof of his residence to Investigating Officer and update change in address, if any, in future to Vishrantwadi Police Station.

(P. N. DESHMUKH J.) Gaikwad RD 2/2