Manoj Suresh Sonawane v. The State Of Maharashtra

1 937-CrA-294-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.294 OF 2023 IN APEAL/48/2023 MANOJ SURESH SONAWANE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Girish V. Wani, Advocate for Applicant Ms. R.P. Gour, APP for Respondent No.1 - State Mr. Shardul Shinde, Advocate for Respondent No.2 (appointed) ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 28th FEBRUARY, 2023 PER COURT :

1.

By this application, applicant seeks suspension of substantive sentence of rigorous imprisonment of four years imposed on him by the learned Additional Sessions Judge (Fast Track Special Court), Jalgaon, in Special (POCSO) Case No.42/2017, by order dated 16/11/2022, for offences punishable under sections 363 and 354 of the Indian Penal Code and section 8 of the Protection of Children from Sexual Offences Act, 2012. 2.

Applicant was granted bail during trial and he has not misused the said facility. Criminal appeal is not likely to be taken up for final hearing in the near future, considering the pendency of matters. Applicant is, therefore, entitled for bail. 3.

In the result, application is allowed.

SVH

2 937-CrA-294-23.odt 4.

Substantive sentence of imprisonment imposed on applicant by the Sessions Court is hereby suspended. Applicant shall be released on executing Personal Bond of Rs.15,000/-, with one surety in the like amount.

5.

Applicant shall report to the concerned police station once a month.

6.

Fees of learned advocate appointed to represent respondent No.2 is quantified at Rs.2,500/-. High Court Legal Services, Sub-Committee, Aurangabad, to pay the same within four weeks.

(NITIN B. SURYAWANSHI, J.) SVH