Chandramani Anandrao Waghmare v. The State Of Maharashtra, Thr. Pso, Parwa Police Station, Tq. Ghatanji, Dist. Yavatmal And Another

27----apeal227.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.

227/ Chadramani Anandrao Waghmare Vs State of Maha., thr. P.S.O., Incharge P.S. Parwa, Tah. Ghatanji, Dist. Yavatmal and another.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.R.Vyas, Advocate for the Appellant.

Shri Ashirgade, APP for the Respondent No.1/State. CORAM : ANIL S. KILOR, J.

DATED : 13/04/2022.

Heard.

Admit Shri Ashirgade, learned APP waives service of notice for the Respondent No.1/State.

CRIMINAL APPLICATION (APPA) NO. 283/2022 I have perused the impugned judgment and order and findings recorded by the learned trial Court. I am of the opinion that in this case, re-appreciation and reappraisal of the evidence is necessary. Moreover, as there is no likelihood that this matter would come up for hearing in near future, the present application needs to be allowed. Hence, I pass the following order:

i] Criminal application is allowed.

27----apeal227.2022.odt ii] The substantive sentence imposed by the learned Additional Sessions Judge, (Special Court (POCSO Act), Yavatmal in Special (Child) Case No. 40/2020 vide judgment dated 23/03/2022, is suspended till disposal of the appeal;

iii] The appellant/applicant shall be released on bail on executing P.R. Bond for Rs.15,000/- with one solvent surety in the like amount.

The Criminal Application is disposed of, accordingly. [JUDGE] rkn