Ranjeet Panditrao Deshmukh (Jadhav) v. State Of Mha. Thr. Pso Ps Civil Lines Akola Tah. And Dist.Akola And Another

1 911.appeal.501.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.

501/2022 Ranjeet Panditrao Deshmukh (Jadhav) Vs. State of Maharashtra and Anr. ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders .............................................................................................................................................. Mr. J. B. Gandhi, Advocate for the Appellant. Ms. H. Jaipurkar, A.P.P. for Respondent(s)/State. CORAM : AMIT B. BORKAR, J.

DATED :

2nd AUGUST, 2022.

.

Heard.

2.

Admit.

3.

Ms. H. Jaipurkar, learned A.P.P. waives notice for the Respondent/State.

CRIMINAL APPLICATION (APPA) NO.643/2022 .

This is an application under Section 389 of the Code of Criminal Procedure seeking suspension of sentence imposed in Special Case Child Protection No.140/2019. 2.

The applicant has been convicted for the offences punishable under Sections 42 of the Protection of Children from Sexual Offences Act, 2012 read with Section 235(2) of the Code of Criminal Procedure, offences under Section 7 punishable under Section 8, under Section 11 punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 read with Section 354-A and 354-D of the Indian Penal Code and sentenced to suffer three years rigorous imprisonment along with fine of Rs.5,000/- and in default of which to suffer simple

2 911.appeal.501.22.odt imprisonment of six month.

3.

The learned Advocate for the applicant states that applicant was on bail during the trial. Since the appeal is admitted, it is unlikely that within a period of two years it will be heard. Therefore, the appellant is deserves to be released on bail on the same terms and conditions as were imposed by the Trial Court while suspending the sentence. 4.

I, therefore, pass the following order :

i] The application under Section 389 of the Code of Criminal Procedure is allowed.

ii] The substantive sentence imposed on the applicant is hereby suspended.

iii] Applicant shall be released on bail on the same terms and conditions as were imposed by the Sessions Court while suspending the sentence.

iv] Applicant shall furnish fresh bonds.

v] Applicant shall report the Sessions Judge, Akola once in a year in the first week of January of each year.

5.

The application stands disposed of.

JUDGE RGurnule MANOJ MANDADE 19:08