Sawan @ Yogesh S/O Chhagan Kale v. Priyanka Shivaji Shendage And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.728 OF 2015 Sawan @ Yogesh s/o. Chhagan Kale ..Appellant

Versus

Priyanka Shivaji Shendage and anr.

..Respondents -- Mr.A.P.Avhad, advocate for appellant Mr.P.N.Mule, APP for respondent no.2 -- CORAM : M.T. JOSHI, J.

DATE : SEPTEMBER 23, 2015 PER COURT :

Heard.

2] Liberty to delete name of respondent no.1 i.e. the victim, as no compensation was directed by learned trial Court, is hereby granted.

Corrections be carried out during the course of day.

3] Admit.

Learned APP waives notice for respondent - State after admission of the appeal.

4] Be kept with connected Criminal Appeal No.733 of 2015 [M.T. JOSHI, J.] kbp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5120 OF 2O15 IN CRIMINAL APPEAL NO.728 OF 2015 Sawan @ Yogesh s/o. Chhagan Kale ..Applicant

Versus

Priyanka Shivaji Shendage and anr.

..Respondents -- Mr.A.P.Avhad, advocate for appellant Mr.P.N.Muley, APP for respondent no.2 -- CORAM : M.T. JOSHI, J.

DATE : SEPTEMBER 23, 2015 PER COURT :

Heard.

2.

Notice.

3.

Learned A.P.P. waives notice for the respondent-State.

4.

The applicant, who has been convicted by

the learned Ad-hoc District Judge-3 and Additional Sessions Judge, Ahmednagar, vide judgment and order dated 09/09/2015 passed in Sessions Case No. 318 of 2014, for the offences punishable under section 354-D r/w. 34 of the Indian Penal Code and under section 11/12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer simple imprisonment for 2 years and to pay fine of Rs.1,000/-, in default to suffer simple imprisonment for 15 days for the offences punishable under section 354-D r/w. 34 of the Indian Penal Code and sentenced to suffer simple imprisonment for 2 years and to pay fine of Rs.1,000/-, in default to suffer simple imprisonment for 15 days for the offence punishable under section 11/12 of the Protection of Children from Sexual Offences Act, 2012, is praying for suspension of the substantive sentences during the pendency of the appeal and his release on bail. 5.

Considering the short term sentences

awarded to the present applicant-appellant and that those sentences are now suspended for time being by the Sessions Court, the substantive sentences are hereby suspended.

6.

Upon deposit of the fine amount, if not already deposited, the applicant/appellant be released on bail, upon his execution of P.R. bond in the sum of Rs.20,000/- (Rs. Twenty Thousand) and also upon furnishing surety in the like amount. 7.

Application stands disposed of.

8.

Parties to act on authenticated copy of this order.

[M.T. JOSHI, J.] kbp