Prashant @ Sonu S/O Ganesh Udashi v. The State Of Maharashtra, Thr. Pso, Police Station Morshi, Dist. Amravati

Order 1310appa582.21

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [APPA] NO. 582 OF 2021 IN CRIMINAL APPEAL NO. 418/2021.

Prashant @ Sonu Ganesh Udashi.

-VersusState of Maharashtra, through P.O. Morshi, District Amravati. Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders Shri M. Rai, Advocate for the Applicant/Appellant. Shri S.D. Sirpurkar, A.P.P. for the Respondent. CORAM : VINAY JOSHI, J.

DATE : OCTOBER 13, 2021 Heard.

2.

This is an application seeking suspension of execution of sentence passed in Special (POCSO) Case No.99/2018 on 12.07.2021 by the Sessions Judge, Amravati. The appellant/accused came to be convicted for the offence punishable under Section 354-A of the Indian Penal Code and also under Section 8 of the Protection of Children from Sexual Offences Act, 2012, and sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.5000/-, with default clause.

3.

It is informed that during the pendency

Order 1310appa582.21 of the trial, the appellant /applicant was on bail, and he has deposited the entire fine amount on 07.10.2021. The learned Counsel for the applicant makes a statement that the applicant/appellant has not applied for suspension to the convicting Court, meaning thereby the trial Court has not rejected the same.

4.

The appeal will take its own time for disposal in accordance with law. Having regard to the fixed term of sentence, the execution of substantive sentence imposed by the the Sessions Judge, Amravati in Special (POCSO) Case No.99/2018 vide judgment and order dated 12.07.2021, stands suspended till the final disposal of the appeal.

In the meantime, the appellant/applicant shall be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one surety in the like amount.

JUDGE Rgd.