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Bombay High CourtAPPLN/4799/2016application allowed

Vishnu S/O Shesherao Bhosle @ Jamadar v. The State Of Maharashtra

2016-08-29Hon'Ble Shri Justice V.L. Achliya4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4799 OF 2016 IN CRIMINAL APPEAL NO.493 OF 2016 Vishnu s/o Shesherao Bhosle @ Jamdar, Age-18 years, Occu:Agri., R/o-Mulaj, Tq-Omerga, Dist-Osmanabad.

...APPLICANT

VERSUS

The State of Maharashtra ...RESPONDENT ...

Mr. Ganesh J. Kore Advocate for Applicant.

Mr. A.V. Deshukh, A.P.P. for Respondent.

...

CORAM: V.L. ACHLIYA, J.

DATE : 29TH AUGUST, 2016 ORAL ORDER :

1.

Heard. Perused the Application. The Applicant, along with co-accused, was convicted for offence punishable under Sections 143, 147 read with Section 149, under Section 323 read with

Section 149, Section 354 read with Section 149, Section 345(B) read with Section 149, 504 of the I.P.C. and Section 8 of the Protection of Children from Sexual Offences Act, 2012. The maximum sentence awarded is of three years. The Applicant was on bail during trial.

2.

Having regard to the submissions advanced and further taking into consideration the sentence awarded and the fact that it will take long time to hear the Appeal, the case is made out to entertain the Application, hence following order:-

O R D E R

(I) The Criminal Application is allowed.

(II) Pending disposal of the Appeal, the sentence awarded by the trial Court stands suspended on deposit of payment

of fine.

(III) Pending disposal of the Appeal, the Applicant shall be released on his furnishing Bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount, before the trial Court.

(IV) Pending disposal of the Appeal, the Applicant shall report, between 10.00 a.m. to 11.00 a.m. on last Sunday in each month, to Police Station, Omerga and record his appearance.

(V) In the event of change in address, the Applicant shall inform the concerned Police Station as well as information to that effect be given to the Court.

.

Authenticated copy of this order be provided to the counsel for Applicant.

[V.L.ACHLIYA, J.] asb/AUG16