Ajay Balaji Kharat v. The State Of Maharashtra And Another

1 925-Cri.Appln-2973-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CRIMINAL APPLICATION NO.2973 OF 2022 IN CRIMINAL APPEAL NO. 648 OF 2022 AJAY BALAJI KHARAT

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr Joydeep Chatterji APP for Respondent No.1/State : Mr R.D. Sanap CORAM : SHRIKANT D. KULKARNI, J.

DATE : 13th SEPTEMBER, 2022 PER COURT :

1.

It is an application for suspension of sentence and bail moved by the applicant/original accused.

2.

Heard Mr Joydeep Chatterji, learned counsel for the applicant and Mr R.D. Sanap, learned APP for the State. 3.

It is revealed during the course of argument that the applicant came to be convicted for the offences punishable under section 354-D and 323 of IPC. The maximum sentence awarded against the applicant/accused is for three months and fine with default clause. 4.

The applicant/accused was on bail during the trial. He was released on bail by suspending the sentence even after conviction by giving period of one month so that he can approach this Court. There are no extraordinary circumstances to keep the applicant/appellant behind the

2 925-Cri.Appln-2973-2022 bars . There are no chances to take up this appeal for final hearing in near future. It would be just and proper to allow the prayer of the applicant/appellant. It is stated that fine amount has been deposited with the trial court.

ORDER

(i) The criminal application is hereby allowed.

(ii) The execution of substantive sentence passed against the applicant/appellant in Special Case (POCSO) No. 60/2019 by the Sessions Judge, Parbhani dated 24th August, 2022 is hereby suspended till final decision of the appeal. (iii) The applicant/appellant shall be released on bail on his furnishing P.R. Bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with one or two solvent sureties of the like amount on the following conditions :- (a) The applicant shall furnish his in-detail address with his Cell Number before the trial court.

(b) Bail before the trial court.

(c) The criminal application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] mta