Pritam Rohidas Bansode v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3730 OF 2023 IN CRIMINAL APPEAL NO. 924 OF 2023 Pritam s/o Rohidas Bansode Applicant

Versus

The State of Maharashtra & another Respondents Mr. Akash D. Gade, advocate for the Applicant Mr. R. D. Sanap, APP for Respondent No.1 Mr. V. V. Deshmukh, advocate holding for Mr. D. J. Patil, advocate (appointed) for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th OCTOBER, 2023.

P.C. :

Heard rival submissions.

The applicant, who is original accused no.1, is seeking suspension of his substantive sentence of imprisonment awarded under various provisions of Indian Penal Code. It appears that the maximum punishment of imprisonment appears to be of three years and all the sentences of imprisonment are to be run concurrently.

The learned Counsel for the applicant-accused submits that the applicant was an under trial prisoner and he has almost undergone the substantive sentence of imprisonment imposed upon him during the pendency of trial. Further, he has already deposited the fine amounts. On the contrary, the learned APP and the learned Counsel for Respondent No.2-victim strongly opposed for such suspension on the ground that the learned trial Court, considering the material on record, has finally convicted the applicant-accused, who was an under trial prisoner. However, considering the quantum of the sentence and also the fact that the applicant-accused has almost undergone the substantive sentence of imprisonment during the pendency of trial, the substantive sentence of imprisonment imposed upon him needs to be suspended during the pendency of this appeal.

As such, following order is passed:

(i) The Criminal Application is hereby allowed.

(ii) The substantive sentences of imprisonment imposed upon the applicant-accused vide judgment and order dated 09.08.2023, by the learned Special Judge, Ambejogai, in Special Case (POCSO) No. 67 of 2020, are hereby suspended during the pendency of this appeal. (iii) The applicant-accused is hereby released on execution of his P. B. and S. B. of Rs.25,000/- (Rs. Twenty Five thousand) each. Bail before the trial Court. (iv) The applicant-accused shall not give any threats to the victim during the pendency of this appeal. (v) The fees of learned Counsel, who represented Respondent No.2-victim, be quantified as per rules. SANDIPKUMAR C. MORE JUDGE adb

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 924 OF 2023 Pritam s/o Rohidas Bansode Appellant

Versus

The State of Maharashtra & another Respondents Mr. Akash D. Gade, advocate for the Appellant Mr. R. D. Sanap, APP for Respondent No.1 Mr. V. V. Deshmukh, advocate holding for Mr. D. J. Patil, advocate (appointed) for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th OCTOBER, 2023.

P.C. :

Heard.

Admit.

Learned Counsel for respective Respondents waive service.

SANDIPKUMAR C. MORE JUDGE adb