Sunil S/O Diliprao Ambalkar v. The State Of Mah. Thr. Pso Ps Rajapeth Tq. And Dist.Amravati
27.appeal.139.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.139 OF 2022 Sunil S/o Diliprao Ambalkar
Versus
State of Maharashtra, through P.S.O., P.S. Rajapeth, Tq. & Dist. Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Aastha Sharma, Adv. h/f Shri P.R. Agrawal, Ad. for the appellant.
Shri S.A. Ashirgade, A.P.P. for the respondent/State. CORAM : ANIL S. KILOR, J.
DATED : 10/03/2022 1.
Heard.
2.
ADMIT.
3.
Call record and proceedings.
4.
Shri S.A. Ashirgade, learned APP waives service of notice for the respondent/State.
CRIMINAL APPLICATION (APPA) NO.178 OF 2022 5.
This is an application for suspension of sentence. 6.
The appellant has convicted for the offence punishable under Section 354-D(i) of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for one year and to pay a fine of Rs.1000/- and in C.L.Dhakate
27.appeal.139.2022.odt default, to undergo Simple Imprisonment for one month.
7.
Ms. Aastha Sharma, learned counsel for the appellant submits that he has paid amount of fine. 8.
After going through findings recorded by the learned Extra Joint Additional Sessions Judge, Amravati, I am of the opinion that re-look is necessary and for that purpose, record and proceedings is required. Moreover, as this appeal is not going to be heard in near future, accordingly, the application is allowed and sentence imposed by the learned Extra Joint Additional Sessions Judge, Amravati in Special POCSO Case No.297 of 2016 vide judgment dated 18.02.2022, 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.] by CHETAN LOPCHAND DHAKATE Date:
2022.03.10 18:46:16 +0530 CHETAN LOPCHAND DHAKATE C.L.Dhakate