Tousifuddin Fariduddin v. The State Of Maharashtra And Another

904-Cri-2640-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2640 OF 2021 IN CRIMINAL APPEAL NO. 568 OF 2021 Tausifuddin Fariduddin ... Applicant

Versus

The State of Maharashtra and another ... Respondents ....

Mr. Vijay B. Patil, Advocate for applicant Smt. G. L. Deshpande, APP for respondent No.1 Mr. A. B. Chormal, Advocate for respondent No.2 (Appointed) ....

CORAM : R. G. AVACHAT, J.

DATED : 28th JANUARY, 2022 PER COURT :- .

Heard.

2.

The appellant has been convicted for the offences punishable under Section 354(A) of the Indian Penal Code and Sections 9 punishable under Section 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for one month. 3.

The trial Court has suspended execution of substantive sentence of imprisonment. The amount of fine has been deposited.

(( 2 )) 904-Cri-2640-2021 4.

Considering the quantum of sentence and the fact that the appeal is not likely to come up for hearing in near future, the execution of substantive sentence of imprisonment to stand suspended pending the appeal. The applicant/appellant be released on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand ) with surety in the like amount. 5.

The criminal application stands disposed of.

6.

The fees of Shri A. B. Chormal, learned Advocate, who was appointed for respondent No.2 is quantified at Rs.5,000/-. [ R. G. AVACHAT, J. ] SMS