Madhav S/O Parasram Sonkamble v. The State Of Maharashtra

crap1600.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1600 OF 2016 IN CRIMINAL APPEAL NO. 152 OF 2016 Madhav s/o Parasram Sonkamble ...Applicant

VERSUS

The State of Maharashtra

...Respondent

.....

Shri A.S.Kale, advocate for applicant Shri S.N.Morampalle, A.P.P. for respondent/State .....

CORAM : INDIRA K.JAIN, J.

APRIL, 2016 DATED : 18th O R D E R :

This is an application for suspension of substantive sentence of imprisonment passed on 17.2.2016 in Sessions Case No. 34 of 2014 by the learned Additional Sessions Judge, Biloli, District Nanded convicting the applicant of the offences punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 354 of the Indian Penal Code. Applicant has been sentenced to suffer rigorous imprisonment for three years and fine of Rs.2,000/- with default clause.

crap1600.16 2] Heard Shri A.S.Kale, learned counsel for the applicant. Learned counsel makes a statement that applicant was on bail during trial. Also heard Shri S.N.Morampalle, learned A.P.P. for respondent/State. Perused the impugned judgment and order. 3] Considering the short term sentence awarded by the Trial Court and without going into the merits of the case, application deserves to be allowed. Hence the following order.

O R D E R

(i) Criminal Application No. 1600 of 2016 is allowed. (ii) Substantive sentence of imprisonment is suspended till the decision of appeal.

(iii) Applicant is released on bail on S.B. and P.B. of Rs.15,000/- each.

(iv) Bail before the Trial Court.

[INDIRA K.JAIN, J.] dbm/crap1600.16