Sandesh Balaram Durge v. State Of Maharashtra And ANR.

12. IA 3924 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3924 OF 2023 IN CRIMINAL APPEAL NO. 1018 OF 2023 Sandesh Balaram Durge ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

***** Mr. Vishal D. Khetre - Advocate for the Applicant through VC Mr. Prashant V. Nayak - Appointed Advocate for the Respondent No. 2.

Mr. S. R. Agarkar - APP for the Respondent-State ***** CORAM :

S. M. MODAK, J.

DATE :

12th DECEMBER, 2023 P. C. :- 1.

Heard learned Advocate for the Applicant-Appellant, learned APP, learned Advocate for Respondent No. 2-first informant. He is not supplied with the papers. Let Applicant to supply him the papers. The appeal is already admitted. Considering the fact that out of one year rigorous imprisonment he has undergone three months and few days, his appeal can be taken up for early final hearing once record will be received.

2.

There is conviction for the offence under Section 354-D of by SEEMA KSHITIJ YELKAR Date:

2023.12.13 18:31:36 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

12. IA 3924 of 2023.doc the Indian Penal Code and under Section 11 punishable under Section 12 of the Protection of Children from Sexual Offences Act. The amount of the fine is already deposited before the trial Court. The trial Court has suspended the sentence during the period of the appeal.

3.

The Applicant is aged about 24 years old. His counsel has pointed out various inconsistencies in the prosecution evidence. He assures to attend hearing of the appeal. He has already undergone three months and few days rigorous imprisonment out of one year.

4.

Hence following Order:- Order (i) During pendency of the appeal, substantive sentence be suspended on furnishing Personal bond and Surety bond in sum of Rs. 15,000/-.

5.

Interim application is accordingly disposed of. 6.

Criminal Appeal No. 1018 of 2023 be kept on 20th February, 2024.

[S. M. MODAK, J.] Seema 2/2