Akshay Ashok Bhingardive v. The State Of Maharashtra And Another

{1} criapln3196-22.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3196 OF 2022 IN CRIMINAL APPEAL STAMP NO. 8809 OF 2022 Akshay Ashok Bhingardive APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Shashikant E. Shekade, Advocate for the applicant Mr. V. S. Badakh, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18 th JANUARY, 2023 ORDER :

1.

The applicant is convicted for offence punishable under section 354 (A) (D), 341 and 323 of the Indian Penal Code and under section 12 of the Protection of Children from Sexual Offences Act and is sentenced to suffer RI for one month and to pay a fine of Rs.2,000/-, in default to suffer SI for 15 days. 2.

During the course of trial, the applicant was on bail and he has not misused the facility of bail. The applicant has deposited fine amount. The applicant is, therefore, entitled for suspension of sentence during pendency of appeal. Out of the substantive

{2} criapln3196-22.doc sentence of one month, imposed on the applicant, he has already undergone 20 days imprisonment. In that view of the matter, the application is allowed in terms of prayer clause "B". Substantive sentence of imprisonment of the applicant is hereby suspended till final disposal of the appeal, on the same terms and condition, however on furnishing fresh bond. [NITIN B. SURYAWANSHI] JUDGE