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Bombay High CourtAPPLN/6527/2017disposed off

Jitendra S/O. Kailas Khandare v. The State Of Maharashtra

2023-03-14Hon'Ble Shri Justice R. G. Avachat2 pages

926-APPLN-6527-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6527 OF 2017 IN CRIMINAL APPEAL NO. 719 OF 2019 Jitendra Kailas Khandare ..APPLICANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. D.S. Ingole, Advocate h/f Mr. N.S. Ghanekar, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondent no.1 - State Mr. R.P. Patwardhan, Advocate for respondent no.2 (appointed) ....

CORAM : R.G. AVACHAT, J.

DATE : 14th MARCH, 2023 PER COURT :

1.

Heard.

2.

The applicant has been convicted for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for fourteen years and to pay fine of Rs.5,000/-, in default, to suffer simple imprisonment for three months. 3.

It is stated that there is two day's delay in lodging the F.I.R. So far the applicant has undergone eight years and four months' imprisonment. Still the appeal is not likely to come up for hearing by its turn in near future. 1 / 2

926-APPLN-6527-17.odt 4.

In view of above, the execution of substantive sentence of imprisonment to stand suspended, pending the appeal. The applicant be released on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety in the like amount. The applicant shall not stay at Jalgaon pending the appeal.

5.

Fees of Mr. R.P. Patwardhan, learned counsel, is quantified to Rs.7,000/- (Rupees Seven Thousand).

6.

Criminal application stands disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2