Jaikumar Alias Sadhu Ashok Fufare (In Jail) v. The State Of Maharashtra, Through Its P.S.O. P.S. Ladkhed, Yavatmal

1 apeal261.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 444 OF 2015 IN CRIMINAL APPEAL NO. 261 OF 2015 (JAIKUMAR ALIAS SADHU ASHOK FUFARE...VS..STATE OF MAH. THR. PSO PS LADKHED, DARWHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.

DATED : APRIL 07, 2016.

Heard Shri D.I.Jain, advocate for the appellant/applicant and Shri N.B.Jawade, A.P.P. for the respondent.

The applicant prays that the sentence imposed on him be suspended as he is in jail since last more than 11 months. It is submitted that the appeal is admitted and there are no chances that the appeal will be heard in near-future. On merits of the matter, the learned advocate has submitted that the prosecutrix is now married, however, at present she is living with her mother.

Considering the facts, in my view, the sentence is required to be suspended.

Hence, the following order :

The sentence imposed by the learned Additional Sessions Judge by the judgment given in Sessions Trial No. 40

2 apeal261.15 of 2007 on 24th April, 2015 is suspended. If the custody of the applicant is not required in any other case, he be released on bail on the same terms and conditions as were imposed by the Sessions Court earlier.

The application is allowed in the above terms. JUDGE RRaut..