Aditya S/O Ravindra Telgote v. State Of Mah. Thr. Pso Civil Line Akola, Tq. Distt. Akola And Another.

appa621.2022..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.

IN CRIMINAL APPEAL NO.

(Aditya s/o Ravindra Telgote Vs. State of Maharashtra, thr. PSO PS Civil Lines, Akola and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A. S. Londhe, Advocate for Applicant.

Mr. T. A. Mirza, APP for Non-Applicant 1/State. Mr. Inamul Haque, Advocate for Non-Applicant 2. CORAM: ROHIT B. DEO AND ANIL L. PANSARE , J J.

DATE: 26 th SEPTEMBER, .

We passed the following order on 12.9.2022:

"The applicant is convicted for offence punishable under sections 376(2)(n), 312, 313 and 506(II) of IPC and sections 3(a), 4, 5(1), 6, 7, 8, 11, 12, 16 and 17 of the Protection of Children from Sexual Offences Act by judgment dated 13.07.2022 rendered by the Additional Sessions Judge, Akola.

2.

The submission of the learned counsel Mr. Londhe is that the applicant had married the alleged victim even before the delivery of the judgment and the couple is residing together as husband and wife, happily. Mr. Londhe states that on the next date of hearing the prosecutrix shall remain personally present 3.

We note from record that the prosecutrix has not supported the case of the prosecution.

4.

Be that as it may, we are inclined to

appa621.2022..odt grant interim relief in the nature of temporary suspension of the substantive sentence, till the next date of hearing.

5.

The substantive sentence is temporarily suspended.

6.

The applicant shall be released on temporary bail, subject to further order/s.

7.

Bail as in trial court. Stand over to 26.09.2022."

2.

The appellant - accused and the complainant victim are present in Court along with their son who is born on 7.4.2022. The complainant confirmed that she and the appellant - accused married on 5.5.2021 and are happily residing together. In this view of the matter, we confirm the interim order dated 12.9.2022, and make it absolute. 3.

The application is disposed of.

(ANIL L. PANSARE, J.) (ROHIT B. DEO, J.) belkhede RAVINDRA SURESHRAO P.A. to the Hon'ble Judge