Siddhant S/O Devrao More v. State Of Maha Thr Pso, Ps Ansing, Dist. Washim And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION NO.367 OF 2025 IN CRIMINAL APPEAL NO.198 OF 2025 (Siddhant s/o Devrao More Vs. The State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms S.S. Dashputre, Advocate for the appellant. Mrs. M.A. Barabde, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- APRIL 17, 2025.

By this application, the appellant is seeking suspension of sentence and releasing him on bail. 2.

The appellant is convicted of the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer Simple imprisonment for three years and to pay fine of Rs.3000/- in default to suffer Simple imprisonment for one month. The appellant is further convicted of the offence punishable under Section 354 of the IPC and sentenced to suffer Simple imprisonment for two years and to pay fine of Rs.2000/- in default to suffer Simple imprisonment for one month.

3.

Learned Counsel for the appellant submitted that the punishment imposed is of a limited period. From the impugned judgment she has pointed out that she has many arguable points in the present appeal. The appeal

would take its own time for its final disposal. In the meantime, if sentence is executed the purpose of preferring the appeal would frustrate. In view of that, he be released on bail and the execution of sentenced be suspended.

4.

Learned APP strongly opposed the application on the ground that the appeal itself is devoid of merits, and therefore, the application deserves to be rejected. 5.

I have heard learned Counsel for both the parties and perused the impugned judgment from which it reveals that the appellant has many arguable points in the present appeal. The appeal would take its own time for its final disposal. In the meantime, if sentence is executed the purpose of preferring the appeal would frustrate. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order : (i) The application is allowed.

(ii) The execution of the sentence vide order dated 21/03/2025 passed by the Additional Sessions Judge, Washim in Special Child Case No.49/2022 is hereby suspended till final disposal of the appeal.

(iii) The appellant - Siddhant s/o Devrao More be released on bail on executing P.R.

Bond in the sum of Rs.25,000/- (Rs. Twenty

Five thousand) with one surety, in the like amount.

6.

The application stands disposed of.

CRIMINAL APPEAL NO.198 OF 2025 Heard.

2.

ADMIT.

3.

Learned APP waives notice for the State.

4.

Call for R. & P.

5.

Place the appeal before the Court after preparation of the paper book.

(URMILA JOSHI-PHALKE, J.) *Divya