Santosh Ramesh Chandane v. The State Of Maharashtra Thr Pso Ps Shegaon Dist. Buldhana
2025:BHC-NAG:613
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 42 OF 2025 Santosh Ramesh Chandane .vs.
State of Maharashtra, through Jalamb Police Station, Tq. Shegaon, Distt. Buldhana _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Ms Anshula Paunikar, Adv. h/f Mr S. V. Sirpurkar, Advocate for the appellant Ms H. N. Prabhu, APP for the respondent/State CORAM :
G.A. SANAP J.
DATE :
JANUARY 21, 2025 Heard.
2.
ADMIT.
3.
Issue notice to the respondent.
4.
Learned APP waives service of notice on behalf of respondent/State.
5.
Call for record and proceedings.
CRIMINAL APPLICATION (APPA) NO.71 OF 2025 Heard.
This is an application for suspension of substantive sentence. Heard the learned Advocate for the appellant and learned APP for the State. Perused the record and proceedings.
The appellant/accused is convicted for the offences punishable under Sections 354, 354-A and 506 of the Indian Penal Code (for short 'the IPC') and for the offence punishable under Section 12 of the Protection of Children From Sexual Offences Act, 2012 (for short 'the POCSO Act') and he is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1000/- for the offence punishable under Section 354 of the Indian Penal Code and for the offence punishable under Section 12 of the POCSO Act. He is further sentenced to suffer rigorous imprisonment for one year for the offence punishable under Section 506 of the IPC.
The maximum substantive sentence awarded is rigorous imprisonment for two years. It is stated that during the pendency of the trial the appellant was on bail. There is no allegation of misuse of liberty by him during the pendency of the trial. It is pointed out that considering the quantum of the substantive sentence, the learned Sessions Judge was pleased to suspend the substantive sentence. In the fact and circumstances, the application is allowed.
The substantive sentence awarded by the learned Additional Sessions Judge, Khamgaon, District Buldhana in Special Case No. 42 of 2021 vide judgment
and order dated 21.11.2024 shall remain suspended during the pendency of this appeal. The accused has furnished bail before the trial Court.
Appellant - Santosh Ramesh Chandane be released on the same surety and same terms and conditions as imposed by the learned Sessions Judge at the time of suspension of sentence.
The criminal application stands disposed of, accordingly.
(G. A. SANAP, J) Namrata