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Bombay High CourtAPPLN/3018/2021application allowed

Amol Vikram More v. The State Of Maharashtra

2021-12-17Hon'Ble Shri Justice Nitin Rudrasen Borkar3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3018 OF 2021 IN APEAL/636/2021 AMOL VIKRAM MORE

VERSUS

THE STATE OF MAHARASHTRA Mr.R.R. Imale, Advocate for the applicant.

Mr.R.B. Bagul, APP for the respondent/State.

CORAM : N.R.BORKAR, J.

DATED :

17.12.2021 PC :- 01.

This is an application under section 389 of the Cr.P.C. for the suspension of sentence and to release the applicant on bail.

02.

The applicant came to be convicted for the offence punishable under section 354 (A) (i) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years. The applicant is further convicted for the offences punishable under sections 504 and 506 of the IPC and sentenced to suffer simple imprisonment for 6 months and 3 months respectively. He

( 2 ) is further convicted for the offence punishable under sections 7 r/w 8 of the Protection of Children from Sexual Offences Act and sentenced to suffer rigorous imprisonment for two years.

03.

I have heard learned Counsel for the applicant and learned APP for the respondent/State.

04.

The only allegation against the applicant is that he caught hold of right hand of the victim and asked her to give her mobile number. Admittedly, the applicant was on bail during the trial.

05.

Considering short term of sentence, I am inclined to suspend the sentence and release the applicant on bail. In the result, following order is passed :-

O R D E R

i.

The application is allowed.

( 3 ) ii.

The substantive sentence is suspended and the applicant shall be released on bail on furnishing PR bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

[N.R.BORKAR,J.] snk/2021/DEC21/cria3018.21