Arun Satvappa Kharat v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 951 CRIMINAL APPLICATION NO.2715 OF 2023 IN APEAL/664/2023 ARUN SATVAPPA KHARAT

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Krushna S. Solanke & Mr. Udhan Vishal V. APP for Respondent - State : Mr. V.S. Badakh ...

CORAM : R. M. JOSHI, J.

DATE : AUGUST 1, 2023 PER COURT :

.

Heard.

2.

Learned APP waives notice on behalf of respondent no.1 - State.

3.

Applicant has been convicted for the offence under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for 3 years with fine. Learned counsel for applicant states that substantive sentence imposed upon present applicant is suspended by learned Trial Court till today. He further states that if liberty of applicant is GGP 1/2

not protected, present appeal becomes infructuous. In view of above, following order is passed:

ORDER

(i) Criminal Application stands allowed.

(ii) The substantive sentence imposed upon applicant by Judgment and order dated 01.06.2023 passed by the Additional Sessions Judge, Parbhani in Special Case No. 128 of 2021 stands suspended till 21.08.2023.

(iii) Applicant to furnish PR Bond of Rs.15,000/- (Rs. Fifteen Thousand only) with one solvent surety in the like amount. (iv) Bail before the Trial Court.

[ R. M. JOSHI ] JUDGE GGP 2/2