Vilas S/O Ramdasji Zade v. State Of Mah. Thr. Pso Wardha City Wardha And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.857 OF 2022 I N CRIMINAL APPEAL NO.656 OF 2022 VILAS S/O RAMDASJI ZADE VS STATE OF MAH. THR. PSO WARDHA CITY 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 : 25.11.2022.

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.1,000/-, in default to pay fine, further to suffer simple imprisonment for three months.

3.

The applicant was further convicted for the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer rigorous

imprisonment for one year and also to pay fine of Rs.1,000/-, in default to pay fine, further to suffer simple imprisonment for three months.

4.

The applicant was further convicted for the offence punishable under Section 11(i)(iv) punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default to pay fine, further to suffer simple imprisonment for two months.

5.

I have perused the findings recorded by the learned Special Judge (POCSO Act), Wardha 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 sentence imposed by the learned Special Judge (POCSO Act), Wardha in Spl. POCSO

Sessions Case No.39 of 2017 vide judgment and order dated 24.08.2022, is suspended, till disposal of the appeal.

iii.

Bail as in the trial Court with fresh Bonds.

[JUDGE] nd.thawre DOMAJI THAWRE 19:22