Diwakar S/O Anandrao Madavi (In Jail) v. State Of Maharashtra, Thr. P.S.O. Aheri, Gadchiroli

1 appa295.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.295/2016 IN CRIMINAL APPEAL NO.160/2016 Diwakar s/o Anandrao Madavi ..Versus..

State of Maharashtra, through P.S.O. Aheri, Tah. 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 : 5.5.2016 Shri S.N. Nandeshwar, advocate for the applicant states that the appeal is filed within limitation and the application praying for condonation of delay is filed inadvertently. The learned advocate seeks permission to withdraw the application. It is disposed accordingly.

Criminal appeal is taken up for hearing on admission. Admit.

Call R & P.

Shri S.S.Doifode, A.P.P. waives notice for the respondent. CRIMINAL APPLICATION (APPA) NO.311/2016 Heard Shri S.N. Nandeshwar, advocate for the appellant and Shri S.S. Doifode, 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

2 appa295.16 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. 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.