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Bombay High CourtAPPLN/5773/2015disposed off

Ashok S/O Babanrao Suradkar v. The State Of Maharashtra

2015-10-26Hon'Ble Shri Justice M.T. Joshi3 pages

1 Cr. Appln. 5773/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5773 OF 2015 IN CRIMINAL APPEAL NO. 802 OF 2015 Ashok S/o Babanrao Suradkar, Age : 42 years, Occu.: Service, R/o Kasar Galli, Hasnabad, Tal. Bhokardan, Dist. Jalna .. Applicant (Orig. Accused) Vs.

The State of Maharashtra .. Respondent ---- Mr. P.P. More, Advocate for the applicant Mr. B.A. Shinde, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 26/10/2015 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 Additional Sessions Judge, Jalna vide judgment and order dated 14/10/2015 passed in Special Case

2 Cr. Appln. 5773/2015 [Child] No. 09 of 2015, for the offences punishable under section 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 and under section 451 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.10,000/-,in default to suffer simple imprisonment for 6 months for the offences punishable under section 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 and to suffer rigorous imprisonment for 2 years and to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for 3 months for the offence punishable under section 451 of the Indian Penal Code, 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 and that those sentences are suspended and the fine amount is already deposited, the substantive sentences are hereby suspended till the decision of the Appeal.

3 Cr. Appln. 5773/2015 .

The applicant 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.

6.

Hamdast granted.

7.

Application is accordingly disposed of.

[M.T. JOSHI] JUDGE arp/