Akash @ Sonya Mangesh Bhosale v. The State Of Maharashtra
925-APPLN-902-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 902 OF 2021 IN CRIMINAL APPEAL NO. 203 OF 2021 Akash @ Sonya Mangesh Bhosale ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT ....
Mr. V.B. Deshmukh, Advocate for applicant Mrs. G.L. Deshpande, A.P.P. for respondent - State ....
CORAM : R.G. AVACHAT, J.
DATED : 22nd JUNE, 2021 PER COURT :
1.
This is an application for suspension of substantive sentence of imprisonment passed by the learned Special Judge, Osmanabad in Special (POCSO) Case No. 48 of 2019 vide judgment and order dated 24th August, 2020. The applicant has been convicted for the offences punishable under Section 376(3) of the Indian Penal Code (I.P.C.) and under Section 4 of Protection of Children from Sexual Offences Act, 2012 (P.O.C.S.O.). The applicant is sentenced to suffer rigorous imprisonment for twenty years and to pay fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months for the offence punishable under Section 376(3) of the I.P.C. No separate sentence is inflicted upon the applicant for the offence punishable under Section 4 of P.O.C.S.O.
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925-APPLN-902-21.odt 2.
Heard. Learned counsel for the applicant took me through the relevant evidence and urged for suspension of execution of sentence of imprisonment.
3.
Learned A.P.P. strongly opposed the application. 4.
The applicant was on bail pending trial. It is a case of emotional involvement. The applicant was nineteen years of age when the offence took place. He is now twenty one years old. The appeal is not likely to come up for final hearing in the near future. I am, therefore, inclined to allow the application as under :-
ORDER
(i) Criminal application is allowed in terms of prayer clauses (A) and (B).
(ii) Pending the appeal, the substantive sentence of imprisonment imposed by the trial Court is suspended. 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.
(iii) Bail before the trial Court.
( R.G. AVACHAT, J. ) SSD 2 / 2