Ajit @ Balu S/O. Rameshrao Shete v. The State Of Maharashtra

903.APPLN.1520.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1520 OF 2016 IN CRIMINAL APPEAL NO. 136 OF 2016 Ajit @ Balu Rameshrao Shete ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. T.M. Venjane, Advocates for applicant.

Mr. S.D. Ghayal, APP for respondent.

....

CORAM : INDIRA K. JAIN, J.

DATED : 7th APRIL, 2016 ORDER :

.

This is an application for suspension of substantive sentence of imprisonment awarded by learned Additional Sessions Judge, Latur vide order dated 29.02.2016 in Special Case [POCSO] No. 50 of 2014 convicting applicant of the offences punishable under Sections 354(A), 354(D) and 506 of the Indian Penal Code and Sections 8 and 11 (iv) of the Protection of Children from Sexual Offences Act. 2.

Heard Mr. Venjane, learned Counsel for applicant and Mr.Ghayal, learned APP for State. Learned counsel for applicant submits that during trial applicant was on bail. S.S.DESHPANDE 1 / 2

903.APPLN.1520.16.doc 3.

Perused the reasons recorded by Trial Court. In view of short term sentence awarded, this Court is of the view that substantive sentence of imprisonment needs to be suspended during pendency of appeal. Hence the following order:-

O R D E R

I) Criminal Application No. 1520 of 2016 is allowed. II) Substantive sentence of imprisonment awarded by learned Additional Sessions Judge, Latur vide order dated 29.02.2016 in Special Case [POCSO] No. 50 of 2014 convicting applicant of the offences punishable under Sections 354(A), 354(D) and 506 of the Indian Penal Code and Sections 8 and 11(iv) of the Protection of Children from Sexual Offences Act is suspended till decision of Criminal Appeal No.136 of 2016.

III) Applicant Ajit @ Balu S/o. Rameshrao Shete is released on bail on P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand Only) each.

IV) Bail before the Trial Court.

( INDIRA K. JAIN, J. ) S.S.DESHPANDE 2 / 2