Suraj S/O Ashok/Ajay Jadhav v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1305 OF 2022 IN CRIMINAL APPEAL NO.281 OF 2022 Suraj s/o Ashok/Ajay Jadhav ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. R.P. Phatke, Advocate for applicant Mr. S.P. Sonpawale, A.P.P. for respondent No.1 - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

12th APRIL, 2022.

PER COURT :

Heard learned counsel for the applicant and learned A.P.P. for the respondent No.1 - State. 2.

The applicant has been convicted for the offence punishable under Section 12 of the Protection of Children from Sexual Offences Act and sentenced to suffer rigorous imprisonment for 4 months and to pay fine of Rs.2000/-, in default to suffer rigorous imprisonment for 15 days. The applicant is also convicted for the offences punishable under Section 323 of the Indian Penal Code and sentenced to pay fine of Rs.500/-, in default to suffer imprisonment for 8 days.

The Criminal Appeal filed by the applicant is admitted by this Court. It being a short term sentence and considering that the appeal is not likely to come up for final hearing in near future, I am inclined to allow the application and release the applicants on bail pending the appeal. Hence the order :-

O R D E R

(i) The criminal application is allowed.

(ii) Pending the appeal, the substantive sentences of imprisonment imposed by the learned Special Judge/ Additional Sessions Judge, Ahmednagar by judgment and order dated 17/1/2022, passed in Special Case No.160/2019 are hereby suspended and the applicant 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/-