Jitendra Shivram Pawar v. The State Of Maharashtra And Another

Cri. Appln. No.1091/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1091 OF 2022 IN CRIMINAL APPEAL NO.235 OF 2022 Jitendra s/o Shivram Pawar ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. K.N. Shermale, Advocate for applicant Mrs. G.L. Deshpande, A.P.P. for respondent No.1 - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

23rd MARCH, 2022.

PER COURT :

Heard. Issue notice to respondent No.1- State. Learned A.P.P. waives service for respondent No.1 - State. 2.

The applicant has been convicted for the offence punishable under Section 354 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/-, in default to suffer S.I. for one month. The applicant is also convicted for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer R.I. for three years and to pay fine of Rs.2000/-, in default to suffer

Cri. Appln. No.1091/2022 :: 2 ::

S.I. for two months. Both the substantive sentences have been directed to run concurrently.

3.

The sentence imposed upon the applicant are short term sentences. The appeal is not likely to come up for hearing in near future. Therefore, the application is allowed. The substantive sentence imposed by the learned Extra Joint District Judge and Additional Sessions Judge, Sangmner in Special Case No.4/2017, by judgment and order dated 15/3/2022 is suspended and the applicant shall be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount. ( R. G. AVACHAT ) JUDGE fmp/-