Anil Sukhdeo Padale v. The State Of Maharashtra

{1} criapln3567-22.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3567 OF 2022 IN CRIMINAL APPEAL NO. 783 OF 2022 Anil Sukhdeo Padale APPLICANT

VERSUS

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

Mr. V. S. Sakhare h/f Mr. S. A. Ambad, Advocate for the applicant Mrs. R. P. Gour, APP for respondent - State Miss. Siddhi Kothari, Advocate for respondent No. 2 (Appointed) .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24 th JANUARY, 2023 ORDER :

1.

Though served, none appears for respondent No.2. Miss. Siddhi Kothari, learned advocate is appointed to represent respondent No.2.

2.

This application is filed seeking suspension of substantive sentence of imprisonment of two years imposed on the applicant by the learned Special Judge (POCSO), Aurangbabad in Special Case (POCSO) No. 110 of 2019 vide order dated 16th September, 2022.

3.

Heard learned advocate for the applicant and the learned

{2} criapln3567-22.doc Additional Public Prosecutor for the State. Perused the documents placed on record.

4.

During the course of trial, the applicant was on bail and he has not misused the facility of bail. The applicant has deposited the fine amount and the trial court has suspended his sentence of imprisonment till the appeal period.

5.

Considering these facts, the application is allowed. Substantive sentence of imprisonment of two years imposed on the applicant by the learned Special Judge (POCSO), Aurangabad in Special Case (POCSO) No. 110 of 2019 is suspended till final decision of the appeal. The applicant be released on the same bail as is granted by the trial court, but on executing fresh bonds.

[NITIN B. SURYAWANSHI] JUDGE drp/criapln3567-22.doc