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Bombay High CourtAPPA/663/2021allowed

Bhushan S/O Jangdu Parkhi v. State Of Mah. Thr. Officer In Charge Ps Yavatmal (City) Tq. And Dist.Yavatmal

2021-11-26Hon'Ble Shri Justice Vinay Joshi2 pages

Order 5 appeal 490-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO.

490/2021 W ITH CRIMINAL APPLICATION (APPA) NO.663/2021 Bhushan s/o Jangdu Parkhi, -VERSUSThe State of Maharashtra, through the Officer in charge, Police Station, Yavatmal (City), Tq. And Dist. Yavatmal.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri P.R. Agrawal, Advocate for appellant/applicant. Shri A.R. Chutke, A.P.P. for respondent/State. CORAM : VINAY JOSHI, J.

DATE : NOVEMBER , 20 .

Heard.

2.

ADMIT.

3.

Issue notice to the respondents.

4.

Learned APP waives notice for respondent.

5.

Call for R and P.

Criminal Application (APPA) No.663/2021 1.

This is an application seeking suspension of execution of sentence passed in Special (Child) Case No.27/2018 whereby the applicant/appellant was convicted by the Trial Court for the offence punishable under Sections 341, 354, 354-D, 506 of the Indian Penal Code and Section 12 of the Protection of

Order 5 appeal 490-2021 Children from Sexual Offences Act, 2012. The maximum sentence awarded by the Trial Court is to undergo rigorous imprisonment for three years along with total fine of Rs.11,000/-.

2.

The applicant has deposited entire fine amount in the Trial Court on 29/10/2021 as well as the Trial Court suspended the execution of sentence. The appeal will take considerable time for its disposal. Having regard to this fact, execution of substantive sentence stands suspended till final disposal of the appeal.

3.

In the meantime, appellant shall be released on bail on the terms and conditions as imposed by the Trial Court while suspending sentence. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE