Yash Laxmiprasad Bhoyar v. State Of Mah. Thr. Pso Ps Hudkeshwar Nagpur And Another

932appa840.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 840/2022 IN CRIMINAL APPEAL NO. 642 /2022 Yash Laxmiprasad Bhoyar V/s The State of Maharashtra, thr. PSO., PS. Hudkeshwar 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 R.M.Daga, Advocate for the applicant/appellant. Ms K.R.Deshpande, APP for the respondent No.1/State. Shri R.U. Vyawhare, Advocate for respondent No.2. CORAM : ANIL S. KILOR, J.

DATED : 07/10/2022.

1.

This is an application filed under Section 389 of the Code of Criminal Procedure for suspension of sentence and grant of bail.

2.

The applicant has been convicted for the offence punishable under Section 363 of the Indian Penal Code vide Section 235(2) of the Code of Criminal Procedure and sentenced to suffer R.I. for one year and to pay fine of Rs. 2000/-, in default, to suffer further R.I. for 15 days and further convicted for the offence punishable under Section 376(2)(n) of the Indian Penal Code, vide Section 235(2) of the Code of Criminal Procedure and sentenced to suffer R.I. for ten years and to pay fine of Rs. 5000, in default, to suffer further R.I. for six months. rkn

932appa840.2022.odt 3.

The applicant was on bail throughout the trial and there are no complaints of misuse of liberty by the applicant.

4.

From the record, it appears that there was love affair between the victim and the accused. Furthermore, considering the age of the victim and the applicant and the reasons recorded by the learned trial Court for conviction, I am of the opinion that in this case re-appreciation and reappraisal of the evidence is necessary. Moreover, as there is no likelihood that this matter would come up for hearing in near future, the present application needs to be allowed. Hence, I pass the following order:

i] Criminal application is allowed.

ii] The substantive sentence imposed by the learned Extra Joint Additional Sessions Judge, (Special Judge, POCSO Court) Nagpur in Special Criminal (Child) Case No. 148/2019 vide judgment dated 21/09/2022, is suspended till disposal of the appeal; iii] Bail as in the trial Court with fresh bonds.

[ANIL S. KILOR, J.] Signed By:RAJESH K NANDURKAR rkn