Jayashree Ajaybhai Sardar v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 930 CRIMINAL APPLICATION NO. 3266 OF 2024 IN APEAL/721/2024 JAYASHREE AJAYBHAI SARDAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Sonar Anudeep Dilip APP for Respondents/State : Mr. N.B. Patil ...
CORAM : KISHORE C. SANT, J.
DATE : 08th AUGUST, 2024.
PER COURT :
1.
This application is for suspension of sentence awarded by the learned Special Judge (POCSO) & Additional Sessions Judge, Dhule, District Dhule by way of judgment and order dated 11.07.2024, in Special Case No. 17 of 2016, the applicant is held guilty for the offence punishable under Section 344 of the Indian Penal Code and sentenced to suffer R.I. for six months and to pay fine of Rs. 5,000/-. In default in payment of fine amount to suffer R.I. for one month.
2.
The trial Court by order dated 11.07.2024 has already suspended the sentence for one month on her application.
3.
The learned Advocate further submits that pursuant to the judgment and order the applicant has already deposited the amount of fine.
4.
The sentence awarded is short sentence. During the trial the applicant was on bail. Considering that there is no possibility of appeal coming up for final disposal in near future, the substantive sentence is suspended. Hence following order :
ORDER
a) The Application stands allowed and disposed off. b) The substantive sentence awarded by the learned learned Special Judge (POCSO) & Additional Sessions Judge, Dhule in Special Case No. 17 of 2016, by judgment and order dated 11.07.2024, for the offence punishable under Section 344 of the Indian Penal Code, stands suspended on following conditions : (i) The applicant shall be released on bail on furnishing her PR Bond and solvent surety in
the sum of Rs.15,000/- (Rupees Fifteen Thousand) within two weeks.
(ii) The applicant shall not try to contact the victim and her relatives.
(iii) The applicant shall keep informed the concerned police station about her contact details such as residential address, mobile number etc.
(iv) In case of breach of any condition, this order shall be liable to be cancelled.
c) The parties to act upon the authenticated copy of this order.
( KISHORE C. SANT ) JUDGE mahajansb/