Sharad Shivaji Shinde v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CRIMINAL APPLICATION NO.4013 OF 2023 Sharad Shivaji Shinde ..APPLICANT -VERSUS1.

The State of Maharashtra 2.

Rukminibai w/o Vitthal Kurdhane ..RESPONDENTS ...

Advocate for Applicant : Mr. Bhosle Pratik Arvind APP for Respondent/State : Mr. S.N. Morampalle Advocate for respondent No.2 : Mr.A.B. Chalak .....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 4th NOVEMBER, 2023.

PER COURT :- .

Heard.

2.

Issue notice to the respondents. The learned APP waives service of notice on behalf of respondent/State. The informant also appears through advocate.

3.

Terms of compromise have been placed on record. The applicant has been convicted for the offence under section 354-A(1) of the Indian Penal Code, and therefore, sentenced to suffer R.I. for one year and fine of Rs.1000/- with default stipulation.

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Since the victim has come around to settle the matter and files affidavit, we allow the application in terms of the following order :-

ORDER

(i) The application is allowed.

(ii) The order of conviction and consequential sentence of the applicant for offence punishable under section 354-A(1) of the Indian Penal Code is hereby set aside. The applicant stands acquitted of the said offence.

(iii) The amount of fine paid by the applicant be paid back to him. The appeal pending before the Court of Sessions, Jalna stands disposed of in terms of this order.

(iv) The applicant shall deposit a sum of Rs.20,000/- as costs with the office of the Government Pleader for E-Library, within a week from today. The bank account details of the same are as under :- Name :

Establishment Officer, Office of Government Plader, High Court, Aurangabad A/c. No. :

62002338300 Bank :

State Bank of India Branch :

High Court, Aurangabad IFSC :

SBIN0020997

-3- (v) List the matter on 29th November, 2023, for compliance of the order.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) sga/