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Bombay High CourtAPPA/1591/2016bail granted

Rahul Ashok Sonawane v. The State Of Maharashtra

2017-01-10Hon'Ble Shri Justice A.M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1591 OF 2016 IN CRIMINAL APPEAL NO.838 OF 2016 RAHUL ASHOK SONAWANE )...APPELLANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.V.R.Garad, Advocate for the Applicant.

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

CORAM

:

A. M. BADAR, J.

DATE :

10th JANUARY 2017.

P.C. :

This is an application for suspension of sentence and releasing the applicant / accused on bail during pendency of the appeal.

Heard the learned counsel appearing for the applicant / accused. He argued that during pendency of the trial, the applicant was on bail and he has not misused his liberty. He is avk 1/3

sentenced to suffer rigorous imprisonment for 3 years and considering the short sentence, he deserves to be released on bail. The learned counsel for the applicant / accused further stated that the learned trial court has suspended the sentence and has released the applicant / accused on bail.

The learned APP opposed the bail application. Perused the impugned judgment and order of conviction and sentence. The applicant / accused was convicted of offence punishable under Section 8 of Protection of Children from Sexual Offences Act (POCSO Act) and he is sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.500/-, in default, to undergo simple imprisonment for 30 days. Though he is convicted of offence punishable under Section 354 of the IPC, no separate sentence was imposed upon him. The applicant / accused was on bail during trial and his sentence is also suspended by the learned trial court. There is no likelihood of the appeal being heard in the near future. avk 2/3

In this view of the matter, the following order : i) The application is allowed.

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

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