Mayur Bhimrao Lonkar v. State Of Maha Thr Pso. Risod, Dist. Washim And ANR.
2025:BHC-NAG:3876
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.356 OF 2025 (Mayur Bhimrao Lonkar Vs. State of Maharashtra thr. PSO PS Risod, Tah. Risod, Dist. Washim and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
------------------------------------------------------------------------------------------------------------------------------------- Mr. A. M. Jaltare, Advocate for Appellant.
CORAM: URMILA JOSHI PHALKE, J.
DATE: 9 th APRIL, 2025.
1.
Heard.
2.
By this application, the appellant is seeking suspension of sentence and releasing him on bail. 3.
The appellant is convicted for the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and fine of Rs.5000/- in default of fine he shall suffer one month simple imprisonment.
4.
The appellant is prosecuted for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and under Section 354 of the IPC and sentenced as aforestated. Learned counsel for the appellant submitted that the appeal would take its own time for its final disposal. In the meantime, if sentence is executed then appeal will become infructuous. He also pointed out from the impugned judgment that he has many
arguable points in the present appeal.
5.
The learned APP strongly opposed on the ground that the appeal itself is devoid of merit.
6.
On hearing both the sides and on perusal of the impugned judgment it reveals that appellant has arguable points in the present appeal. Moreover, punishment is for the limited period. Considering the same, the application deserves to be allowed. Accordingly, I proceed to pass following order:
O R D E R
(i) The Criminal Application (APPA) No.356/2025 allowed.
(ii) The execution of the sentence passed in Special No.19/2021 is hereby suspended till disposal of the appeal.
(iii) The appellant - Mayur s/o Bhimrao Lonkar shall be released on bail on executing P.R.
bond in the sum of Rs.15,000/- with one solvent surety in the like amount.
7.
The application is disposed of.
CRIMINAL APPEAL NO.190 OF 2025:
1.
Heard.
2.
Admit.
3.
Ms. T. H. Udeshi, the learned APP waives service of notice on behalf of respondent no.1/State.
4.
Call for record and proceedings.
5.
Criminal Appeal be listed after preparation of the paper book.
(URMILA JOSHI-PHALKE, J.) NSN