Bombay High CourtAPPA/265/2016allowed

Kaluram S/O Shankarlal Chauhan (In Jail) v. The State Of Maharashtra Through Police Station Officer, P. S. Aheri

2016-05-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 apeal133.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO.133/2016 Kaluram s/o Shankarlal Chauhan ..Versus..

The State of Maharashtra, through Police Station Officer, Police Station, Aheri, Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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.

DATE : 6.5.2016 Admit.

Call R & P.

Shri A.D. Sonak, A.P.P. waives notice for the respondent. To be heard with Criminal Appeal No.160/2016. CRIMINAL APPLICATION (APPA) NO.265/2016 Heard Shri R.M. Daga, advocate for the appellant and Shri A.D.Sonak, A.P.P. for the respondent.

The appellant is convicted along with co-accused for the offences punishable under Sections 363, 366, 366-A, 368 and 34 of the Indian Penal Code.

Accused no.2 Nagulal is convicted for the offences punishable under Sections 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

The application is opposed on the ground that the victim was minor and was studying in 10th standard at the relevant time.

2 apeal133.16 Considering the facts of the case and the findings recorded in respect of offence as far as the present appellant is concerned, in my view, the application is required to be allowed. Hence, the following order:

(i) The sentence imposed on the appellant is suspended. (ii) The appellant be released on bail on furnishing P.R. bond for Rs.25,000/- and two solvent sureties in the like amount. (iii) The appellant shall file an affidavit on the record giving his cell phone number.

(iv) The appellant shall file an undertaking that in case he changes his cell phone number, he will inform it by filing an affidavit on the record.

(v) The application is allowed in the above terms. JUDGE Tambaskar.