Amit Kisanrao Jadhao v. State Of Maharashtra Thr. Police Station Officer Police Station Kurha Dist. Amravati

10.Apeal.356.19 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 356 OF 2019 (Amit Kisanrao Jadhao V/s State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. S. B. Gandhe, Advocate for Appellant.

Mr. Sonak, APP for Respondent - State.

------- CORAM : MANISH PITALE, J.

DATE : MAY 16, 2019.

P.C. :

.

By this Appeal, the Appellant has challenged the Judgment and Order dated 16th March 2019 passed by the Additional Sessions Judge, Amravati in Special (POCSO) Case No. 31 of 2014, whereby the Appellant has been found guilty for an offence punishable under Sections 354, 506 and 509 of Indian Penal Code as also certain provisions of the Protection of Children from Sexual Offences Act, 2012. In the said conviction, sentences ranging from one year to one and half years have been imposed on the Appellant. 2.

In view of the grounds raised in the present Appeal, Admit.

Yadav VG 1/2

10.Apeal.356.19 3.

Call Record and Proceedings.

4.

Mr. Sonak, the learned APP waives service of notice on behalf of Respondent - State.

CRIMINAL APPLICATION NO. 494 OF 2019 .

This is an application for suspension of sentence filed on behalf of the Appellant.

2.

It is pointed out that even during the trial before the Sessions Court, the Appellant was on bail and that he had never misused the liberty granted. It is also pointed out that the Applicant - Appellant is not an habitual offender and he has been falsely implicated in the present case. The fine amount has already been deposited by the Appellant in the present case. 3.

In view of above, Application is allowed in terms of prayer clause - (2).

4.

The sentence imposed on the Appellant is hereby suspended.

5.

Criminal Application stands disposed of accordingly.

(MANISH PITALE, J.) Yadav VG 2/2