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Bombay High CourtAPPLN/722/2016disposed off

Sandeep@ Sandesh Diwanji Chandne v. The State Of Maharashtra

2016-02-03Hon'Ble Shri Justice M.T. Joshi3 pages

1 Cr. Appln. 722/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 722 OF 2016 IN CRIMINAL APPEAL NO. 51 OF 2016 Sandeep @ Sandesh Diwanji Chandne, Age : 26 years, Occu.: Labour, R/o Deolali Pravara, Tq. Rahuri, Dist. Ahmednagar .. Applicant Vs.

The State of Maharashtra .. Respondent ---- Mr. R.A. Tambe, Advocate for the applicant Mr. R.B. Bagul, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 03/02/2016 ORAL ORDER :

Notice.

2.

Learned A.P.P. waives notice for the respondent-State.

3.

The applicant, who has been convicted by the learned Special Judge and Additional Sessions Judge, Ahmednagar, vide judgment and order dated 05/01/2016 passed in Sessions Case No. 154 of 2014, for the offences punishable under section 354 of the Indian Penal Code and under section 7 and 8 of the Protection

2 Cr. Appln. 722/2016 of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 5,000/-, in default to suffer simple imprisonment for 5 months for the offence punishable under section 354 of the Indian Penal Code and to suffer rigorous imprisonment for 3 years and to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for 6 months for the offences punishable under section 7 and 8 of the Protection of Children from Sexual Offences Act, 2012, is praying for suspension of the substantive sentences during the pendency of the appeal and his release on bail.

4.

Heard both sides.

5.

Learned counsel for the applicant submits that fine amount is already deposited in the trial Court. 6.

Considering the fact that short term sentences are awarded and those are also suspended by the learned Additional Sessions Judge, the substantive sentences are hereby suspended till the disposal of the appeal. The applicant be released on bail, upon his execution of P.R. bond in the sum of Rs.20,000/- (Rs. Twenty

3 Cr. Appln. 722/2016 Thousand) and also upon furnishing surety in the like amount, in the trial Court.

7.

Hamdast granted.

8.

Application stands disposed of.

[M.T. JOSHI] JUDGE arp/