Aditya Baban Khade v. The State Of Maharashtra

1 940-(A)-Cri-Appln-203IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 203 OF 2021 IN CRIMINAL APPEAL NO. 250 OF 2021 Aditya Baban Khade ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. M. L. Wankhede, Advocate for the applicant Mr. S. N. Morampalle, APP for the respondent ....

CORAM : R. G. AVACHAT, J.

DATED : 19th JUNE, 2021 PER COURT :- .

Heard.

2.

The applicant has been convicted for the offence punishable under Section 452 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000/-. In default, to suffer rigorous imprisonment for one month. He has been further convicted of the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000/-,

2 940-(A)-Cri-Appln-203in default, to suffer rigorous imprisonment for one month. He further convicted of the offence punishable under Section 354-A(2) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years. The applicant further convicted of the offence under Section 354-D of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000/-, in default, to suffer rigorous imprisonment for one month and he further convicted for the offence under Section 11 punishable under Section 12 of the POCSO Act and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000/-, in default, to suffer rigorous imprisonment for one month. 3.

The applicant has surrendered on 30.05.2021. As such, he is behind the bars since then.

4.

Considering the nature of offence, quantum of sentence, age of the applicant and the fact that the appeal is not likely to take its turn for hearing in immediage future,the application is allowed in terms of prayer clause (B).

5.

Pending the appeal, the substantive sentence imposed by the trial Court is suspended. The applicant be released on bail on his

3 940-(A)-Cri-Appln-203executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount. 6.

Bail before the trial Court.

[ R. G. AVACHAT, J. ] SMS