Sachin S/O Mahadeo Ledange v. State Of Mah., Thr. Pso Ps Chandrapur

apeal584.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO.584/2019 Sachin s/o Mahadeo Ledange ..vs... State of Maharashtra through PSO P.S. Chandrapur _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. Anantkrishnan, Advocate for appellant. Mr. S. S. Doifode, A.P.P. for respondent-State. CORAM : V. M. DESHPANDE, J.

DATED : AUGUST 26, 2019 Heard Mr. Anantkrishnan, learned counsel for appellant.

Admit.

Learned A.P.P.waives notice for respondent-State. Criminal Application No.767/2019 This is an application for suspension of substantive jail sentence and for grant of bail. Heard learned counsel for applicant and learned A.P.P. for non applicant-State. I have also perused the impugned judgment.

Applicant is convicted by learned Special Judge, Chandrapur in Special (POCSO) Case No.49/2016 on 09.08.2019. By the said, applicant stands convicted for an offence under Section 354-B of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act and is directed to suffer rigorous imprisonment for three years and to pay a fine amount.

apeal584.19.odt According to learned counsel for applicant, fine amount of Rs.4,000/- is already deposited. Applicant was on bail throughout before the Court below and at no point of time, he has misused the liberty granted to him. Looking to the age of the applicant and looking to the fact that the maximum sentence awarded to applicant is only three years, I pass following order.

ORDER

(i) The application is allowed.

(ii) Substantive jail sentence imposed upon applicant in Special (POCSO) Case No.49/2016, shall remain suspended during pendency of present appeal.

(iii) Applicant-Sachin s/o Mahadeo Ledange, be released on bail on he executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount. The bail bonds shall be executed before the lower Court within one month from today.

(iv) Applicant shall attend Police Station, Ram Nagar, Chandrapur once in three months during the pendency of present appeal.

(v) The applicant shall pesonally remain present before this Court at the time of final hearing of the appeal. The application is disposed of.

JUDGE kahale