Uttam Ramchandra Devkar v. The State Of Maharashtra And ANR

13-APPA-1755-2018(bail).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1755/2018 IN CRIMINAL APPEAL NO.1232/2018 Uttam Ramchandra Devkar ....

Applicant.

V/s.

The State of Maharashtra & Anr.

..... Respondents.

Mr.Nitesh Mohite, Advocate i/b Jaydeep D. Mane, for applicant. Mr.A.R. Kapadnis, APP for State.

CORAM

: A. M. BADAR, J.

rd October, 2019.

DATE : 3 P.C.:

1.

This is an application for suspension of sentence and releasing the applicant/convicted accused on bail, during pedency of appeal filed by him. No notice is required to be served on respondent no.2/victim of crime in question, so far as application for suspension of sentence and releasing the applicant on bail is concerned.

Chitra Sonawane 1/2

13-APPA-1755-2018(bail).doc 2.

Heard learned counsel for the applicant as well as learned APP appearing for State.

3.

Applicant is convicted of offences punishable under Section 8 of the Prevention f Child From Sexual Offence Act and 354-B of the Indian Penal Code. He is sentenced to suffer rigorous imprisonment for 3 years apart from direction to pay fine of Rs.5,000/-.

4.

Learned counsel for applicant submits that the applicant is already released on bail, by suspending his sentence by the learned trial court. He was on bail during pendency of appeal and appeal is not likely to be heard within short span of time. 5.

Considering these facts, I see no reason to refuse the bail to the applicant. Therefore, following order.

ORDER

i) Substantive sentence imposed on applicant/convicted accused is suspended and he is released on bail on executing P.R. Bond of Rs.15,000/- on furnishing surety in the like amount. ii) Application stands disposed of accordingly.

(A. M. BADAR, J.) Chitra Sonawane 2/2