Kunjan S/O Shamrao Parate v. State Of Mha. Thr. Pso Tumsar Tah.Tumsar Dist.Bhandara

(1) apeal568.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.731/2022 IN CRIMINAL APPEAL NO.568/2022 Kunjan s/o Shamrao Parate .vs. State of Maharashtra through PSO P.S. Tumsar, Tq. Tumsar, Dist. Bhandara and anr.

------------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Mr. K. S. Motwani, Advocate for applicant.

Mr. N. R. Rode, A.P.P. for non applicant no.1-State CORAM :

ANIL L. PANSARE, J.

DATE : JANUARY 6, 2023.

Heard learned counsel for applicant and learned A.P.P. for non applicant no.1-State. None appeared for non applicant no.2, though served.

2.

The applicant is seeking suspension of sentence that has been awarded by the learned Special Judged, Bhandara in Special Case (Child Protection) No. 94/2000, whereby he has been held guilty and convicted for an offence punishable under Sections 354-A(1)(i), 354(D)(1)(i) of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012 and has been sentenced to suffer rigorous imprisonment for three years and also to pay a fine of Rs.5,000/-.

3.

The learned counsel for applicant submits that the fine amount has already been deposited in the trial Court.

(2) apeal568.22 The applicant was on bail during trial. There are no allegations of misuse of bail pending trial and subsequent thereto. The appeal will take its own time for decision. The learned counsel for the applicant submits that he has an arguable case.

4.

In the circumstances, the applicant has made out a case for suspension of sentence and for grant of bail. Hence, following order is passed.

ORDER

(i) The application is allowed.

(ii) The execution of sentence imposed upon the applicant by Judgment and order dated 05.08.2022 passed by learned Additional Sessions Judge, (Special Judge, POCSO), Bhandara in Special (Child Protection) Case No. 94/2020, is suspended.

(iii) Applicant-Kunjan s/o Shamrao Parate, shall furnish P.R. bond in the sum of Rs.25,000/- with one surety in the like amount before the lower Court.

(iv) The applicant shall remain present before this Court at the time of final hearing of the appeal.

The application is disposed of.

(Anil L. Pansare, J.) ARVIND KAHALE 17:30 kahale