Sandesh Swamidas Takalla (In Jail) v. The State Of Maharashtra, Through P.S.O. Ghuggus, Chandrapur

1 apeal49.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 49 OF 2016 (SANDESH SWAMIDAS TAKALLA...VS..STATE OF MAH., THR. PSO, GHUGGUS, CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 15, 2016.

Heard Shri Y.B.Mandpe, advocate for the appellant.

ADMIT.

Call R & P.

Shri A.K.Bangadkar, A.P.P. waives notice on behalf of the respondent.

CRI.APPLN. (APPA) NO. 85/2016.

Heard.

Considering the undisputed facts on record that the victim (Umeshwari) had earlier given birth to a child who according to the facts on record is out of the marriage between the appellant and Umeshwari and that there is dispute about the age of the victim Umeshwari. I am convinced that the appellant is entitled for order suspending sentence.

The sentence imposed on the appellant by the learned Special Judge in Special Criminal Case (POSCO) No. 51 of 2015 on 16th January, 2016 is suspended till decision of the appeal on the same terms and conditions imposed by the trial Court while granting bail.

The criminal application is allowed accordingly. JUDGE RRaut..