Pravin S/O Giridhar Gedam v. State Of Mah. Thr. Pso Kothari Tah. Ballarpur Dist.Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 298/2021.

Pravin Giridhar Gedam -VERSUSState of Maharashtra, P.S. Kothari, Tah. Ballarpur, District Chandrapur. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri M. Rai, Advocate for the Appellant.

Shri H.d. Dubey, A.P.P. for the Respondent.

CORAM : VINAY JOSHI, J.

DATE : JULY 28, 2021.

Hearing was conducted through Video Conferencing.

2.

Admit. Call for R & P.

Learned A.P.P. waives notice for the respondent.

.....

Criminal Application (APPA) No.406/2021.

Heard.

2.

This is an application for suspension of execution of sentence passed by the Additional Sessions Judge-1, Chandrapur in Special (POCSO)

Case No.74/2016 on 08.07.2021. The learned Trial Court has convicted the appellant/applicant for the offence punishable under Section 363 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of one year alongwith fine of Rs.1000/-, with default clause. 3.

It is submitted that the appellant / applicant has deposited the fine amount with the trial Court and post conviction, the trial Court has suspended the execution of the sentence.

4.

The appeal will take its own time for disposal. Having regard to the quantum of punishment it necessitates to suspend the execution of sentence. In view of this, the execution of substantive sentence imposed by the Additional Sessions Judge-1, Chandrapur in Special (POCSO) Case No.74/2016 on 08.07.2021, stands suspended till the final disposal of the Criminal Appeal on the same terms and conditions as are imposed by the trial Court while suspending the sentence post conviction.

5.

Criminal Application is accordingly allowed and disposed of.

JUDGE Rgd.