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Bombay High CourtAPPLN/759/2022disposed off

Sachin Gulabrao Saindane v. The State Of Maharashtra

2022-04-07Hon'Ble Shri Justice R. G. Avachat3 pages

16-cri.appeal.155.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.155 OF 2022 Sachin Gulabrao Saindane ..Appellant Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.Joslyn Menezes, Advocate h/f. Mr.P.S.Paranjape, Advocate for appellant Mr.S.P.Sonpavale, APP for respondent no.1 ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 07, 2022 ORDER :- Heard.

2.

Admit. Learned APP waives notice for respondent no.1 [R.G. AVACHAT, J.] KBP

16-cri.appeal.155.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.759 OF 2022 IN CRIMINAL APPEAL NO.155 OF 2022 Sachin Gulabrao Saindane ..Applicant Vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.Joslyn Menezes, Advocate h/f. Mr.P.S.Paranjape, Advocate for applicant Mr.S.P.Sonpavale, APP for respondent no.1 ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 07, 2022 ORDER :- Respondent no.2 has already been served. Learned APP is there to represent respondent no.2 as well. 2.

Heard.

3.

The applicant/appellant herein has been convicted for the offence punishable under Section 377 of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act and sentenced to undergo rigorous imprisonment for seven years.

16-cri.appeal.155.2022 4.

The applicant was on bail throughout the trial. His photographs were shown to this Court to suggest that he was physically challenged. It appears that the medical evidence does not support the prosecution, more so, when the FIR was lodged on the same day. The appeal is not likely to come up for hearing in the near future.

5.

In view of the above and considering the quantum of sentence imposed, during pendency of the appeal, the substantive sentence of imprisonment to stand suspended. The applicant be released on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. 6.

The application stands disposed of.

[R.G. AVACHAT, J.] KBP