Akshay S/O Sanjay Wadhonkar And 2 Others v. State Of Mah. Thr. Pso Ps Ps Railway Chandur Dist.Amravati

1 22 apeal 460.2021.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 460 OF 2021 Akshay s/o Sanjay Wadhonkar and ors.

..vs..

State of Maharashtra, thr. P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.P.Dhale, Advocate for applicants/appellants. Shri S.D. Sirpurkar, A.P.P. for non-applicant-respondent/State. CORAM : VINAY JOSHI, J.

DATED : 18/11/2021 Heard. ADMIT.

Learned A.P.P. waives notice for respondent/State.

Call for the Records and Proceedings.

CRIMINAL APPLICATION (APPA) NO. 630 OF 2021 Heard.

2.

This is an application for seeking suspension of execution of sentence passed in Special POCSO Case No.98 of 2017. All applicant/accused are convicted by the Trial Court for the offence punishable under Section 12 of the Protection of Children From Sexual Offences Act (POCSO), 2012 and Sections 448, 504, 506 read with Section 34 of the Indian Penal Code. The Trial Court has imposed maximum sentence to suffer rigorous imprisonment for one year along with total fine of Rs.4000/- each. All sentences are directed

2 22 apeal 460.2021.2021 to run concurrently.

3.

During trial, applicants are on bail and post conviction the Trial Court has suspended the execution of sentence.

4.

Having regard to the fix term of sentence of one year imprisonment, a case is made out for suspension. In view of that, execution of substantive sentence stands suspended till the final disposal of the appeal, subject to the applicants depositing entire fine amount within one week from today.

5.

In the meantime, the applicants/appellants shall be released on bail on the same terms and conditions as imposed by the Trial Court while suspending the sentence.

6.

To note the compliance regarding deposit of fine amount, stand over to 25.11.2021. In case of applicants/appellants fail to deposit fine amount, the order of suspension would be recalled.

JUDGE Trupti