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Bombay High CourtAPPA/798/2023rejected

Satish @ Golu Onkarrao Marwadi v. State Of Mah. Thr. Pso, Ps Bahulgaon, Tq. Ner, Dist. Yavatmal And 2 Others

2024-11-26Hon'Ble Shri Justice G. A. Sanap2 pages

2024:BHC-NAG:12830 1 33 appa 798.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 798/2023 IN CRIMINAL APPEAL NO. 494/2023 (Satish @ Golu Onkarrao Marwadi Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for applicant/appellant.

Mr. S. Bissa, APP for non-applicant No.1.

Ms. Falguni Badani, Advocate (appointed) for non-applicant Nos. 2 & 3.

CORAM: G. A. SANAP, J.

DATED : 26/11/2024.

Heard the learned APP appearing for non-applicant No.1 and learned counsel appearing for non-applicant Nos. 2 and 3.

2.

The learned counsel for applicant/appellant is absent.

3.

This is an application for suspension of sentence. The appellant on conviction has been sentenced to suffer rigorous imprisonment for 20 years. The charge proved against the appellant is for the offence punishable under Sections 377 of the Indian Penal Code and Sections 4, 12 of the Protection of Children from Sexual Offences Act, 2012. 4.

I have gone through the relevant record with the assistance of the learned APP for non-applicant No.1 and the learned counsel for non-applicant Nos. 2 and 3.

2 33 appa 798.23 5.

Perusal of record would show that the offence proved against the appellant is very serious. This appeal will have to be heard on merits. The term of sentence is of 20 years.

6.

In view of above facts and circumstances, I am of the considered view that no case is made out for suspension of sentence, therefore application is rejected accordingly. 7.

Office to prepare paper book.

(G. A. SANAP, J ) Gohane