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Bombay High CourtAPPLN/6074/2015disposed off

Wajir Yasin Momin. v. The State Of Maharshtra.

2015-11-18Hon'Ble Shri Justice M.T. Joshi2 pages

902.APPLN.6074.15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6074 OF 2015 IN CRIMINAL APPEAL NO. 837 OF 2015 Wajir Yasin Momin .. Applicant Vs.

The State of Maharashtra .. Respondent ---- Mr. Estling S. Murge, Advocate for the appellant/applicant. Mr. S.D. Ghayal, A.P.P. for the respondent-State ----

CORAM

: M.T. JOSHI, J.

DATE : 18th NOVEMBER 2015 ORAL ORDER :

Notice. Learned A.P.P. waives service of notice for the respondent-State.

2.

Heard both sides.

3.

The applicant, who has been convicted by the learned Special Judge, Osmanabad vide judgment and order dated 20 th October 2015, passed in Spl (POCSO) Case No. 34/2014 for the S.S.DESHPANDE 1 / 2

902.APPLN.6074.15.sxw offences punishable under Section 354-A of the Indian Penal Code and under Section 7 and 8 of Protection of Children from Sexual Offence Act and sentenced to suffer rigorous imprisonment for one year and for three years, respectively and to pay fine of Rs.500/- for each of the offences, in default to suffer rigorous imprisonment for three months for each of the offences, is praying for suspension of the substantive sentences during the pendency of the appeal and his release on bail.

4.

Considering the short-term sentences awarded to the applicant, the substantive sentences are hereby suspended. Upon deposit of fine amount, if not deposited till this date, 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.

5.

Hamdast granted.

6.

Application stands disposed of.

(M.T. JOSHI, J) S.S.DESHPANDE 2 / 2