Suresh S/O. Moreshwar Selokar v. The State Of Mah. Thr. Pso Ps, Bramhapuri, Tahsil Bramhapuri, Dist. Chandrapur.

2024:BHC-NAG:7102 6appeal146.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C RIMINAL APPLICATION (APPP) NO. 569 OF 2024 IN CRIMINAL APPEAL NO. 146 OF 2023 Suresh s/o Moreshwar Selokar Vs State of Maharashtra and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. B.M. Kharkate, counsel for the appellant. Ms. Soniya Thakur, APP for non-applicant/State. Mr. Sumit G. Joshi, counsel for non-applicant No.2 (appointed) CORAM : URMILA JOSHI-PHALKE, J.

DATED : 05/07/ 4.

1.

By preferring this application, the applicant is seeking relaxation of the condition which is imposed on him while suspending the sentence on releasing him on bail.

2.

The applicant is convicted of the offence punishable under Section 376 (1), 376 (2)(n) of the Indian Penal Code, 1860, and sentenced to suffer R.I. for ten years and to pay fine of Rs. 2,000/-. Considering the gravity of the offence and to secure the presence of the applicant at the time of deciding the appeal, the said condition is imposed.

3.

In view of that, no ground is made out to cancel the said condition therefore, the application deserves to be rejected. Accordingly, I proceed to pass the following order:

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6appeal146.2023.odt a) The application is rejected.

b) The applicant is at liberty to prefer this application after two years, if the appeal is not proceeded.

c) The application stands disposed of.

[URMILA JOSHI-PHALKE, J.] rkn