Naresh S/O Ganbaji Kawankure v. State Of Mha. Thr. Pso Sewagram Wardha Dist.Wardha And Another
48appa759-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.759 OF 2022 IN CRIMINAL APPEAL NO.591 OF 2022 NARESH S/O GANBAJI KAWANKURE VS STATE OF MHA. THR. PSO SEWAGRAM WARDHA DIST.WARDHA AND ANOTHER Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Mahesh Rai, Advocate for applicant Shri S.D. Sirpurkar, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.
DATED : 09.12.2022.
1.
This is an application filed under Section 389(2) of the Code of Criminal Procedure for suspension of sentence and grant of bail.
2.
The applicant was convicted for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.3,000/-, in default to pay fine, further to suffer simple imprisonment for six months.
3.
The applicant was further convicted for the offence punishable under Section 452 of the Indian nd.thawre
48appa759-22.odt Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default to pay fine, further to suffer simple imprisonment for two months.
4.
I have perused the findings recorded by the learned trial Court in the impugned judgment and order and thereupon, I am of the opinion that applicant is having arguable case and re-appreciation and reappraisal of the evidence is necessary in this case. There is no likelihood that this matter would come up for final hearing in near future. There is one more ground is that the applicant was on bail during the trial. Accordingly, I pass the following order:
i.
Criminal application is allowed.
ii.
The order dated 08.09.2022, suspending sentence, shall continue till disposal of the appeal. iii.
Bail as in the trial Court with fresh Bonds.
[JUDGE] DOMAJI THAWRE 17:10 nd.thawre