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Bombay High CourtAPPLN/5152/2015bail granted rejected

Vicky @ Suny Vishnu Shinde v. The State Of Maharashtra

2015-09-22Hon'Ble Shri Justice M.T. Joshi3 pages

1 Cr. Appln. 5152/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5152 OF 2015 IN CRIMINAL APPEAL NO. 733 OF 2015 Vicky @ Suny Vishnu Shinde Age - 20 years, Occu. - Labourer R/o - Near Chakrdhar Swami Temple Nagapur, Ahmednagar .. Applicant Vs.

The State of Maharashtra Through Police Inspector, MIDC, Police Station, Ahmednagar .. Respondent ---- Mrs. Madhaveshwari D. Thube-Mhase, Advocate for Lex Aquila for the applicant Mr. P.N. Muley, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 22/09/2015 ORAL ORDER :

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

2 Cr. Appln. 5152/2015 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

3 Cr. Appln. 5152/2015 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] JUDGE arp/