Ashutosh S/O Pandurang Sontakke v. State Of Mah. Thr. Pso Ps Khamgaon City Tah.Khamgaon And Dist.Buldhana

30.appeal.129.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.129 OF 2022 Ashutosh S/o Pandurang Sontakke

Versus

State of Maharashtra, through P.S.O., P.S. Khamgaon City, Tah. Khamgaon, Dist. Buldhana Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.V. Sirpurkar, Advocate for the appellant. Shri V.A. Thakare, A.P.P. for the respondent/State. CORAM : ANIL S. KILOR, J.

DATED : 04/03/2022 1.

Heard.

2.

Admit.

3.

Call record and proceedings.

4.

Shri V.A. Thakare, learned APP waives service of notice to the respondent/State.

5.

Learned counsel for the appellant shall remove office objections within period of four weeks. CRIMINAL APPLICATION(APPA) NO.166 OF 2022 6.

This is an application for suspension of sentence. 7.

The appellant has convicted under Section 354 of the Indian Penal Code and sentenced to suffer rigorous C.L.Dhakate

30.appeal.129.2022.odt imprisonment for one year with fine of Rs.25,000/- and the said amount is deposited.

8.

The learned trial Court vide order dated 14.02.2022, suspended the sentence till the appeal period is over.

9.

In that view of the matter and after going through the impugned judgment, I am of the opinion that it is necessary to re-look the matter afresh.

10.

The application is allowed and sentence imposed by the learned Special Judge, Khamgaon in Atrocities Special Case No.13 of 2017 vide judgment dated 14.02.2022, is suspended till disposal of the appeal and appellant shall be released on bail on his executing P.R. Bond for Rs.15,000/- with one solvent surety in the like amount.

The application is disposed of, accordingly.

[ANIL S. KILOR, J.] C.L.Dhakate