Rakesh @ Nitu S/O Dharamvir Mehta v. The State Of Maharashtra, Through P.S.O. P.S. Ramnagar, Chandrapur

appa629.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO.629/2015 IN CRIMINAL APPEAL NO.325/2015 (Rakesh @ Nitu s/o Dharamvir Mehta ..vs.. The State of Maharashtra, through PSO P. S. Ramnagar, Chandrapur) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. D. Hazare, Advocate for applicant.

Mr. Dhumal, A.P.P. for non applicant-State.

CORAM : A. B. CHAUDHARI, J.

DATE :

DECEMBER 1, 2015.

Heard.

The applicant is seeking suspension of the jail sentence.

I have perused deposition of the prosecutrix. The sentence awarded to applicant is seven years, which is maximum. The appeal is already admitted. Hence, the sentence can be suspended by taking care of the interests of the prosecution as well as the prosecutrix by passing the following order.

ORDER

(i) Criminal Application No.629/2015 is allowed.

(ii) The substantive jail sentence awarded to the applicant-Rakesh @ Nitu s/o Dharamvir Mehta is suspended.

(iii) The applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.10,000/- with one surety in the like amount.

appa629.15 (iv) The applicant shall not enter the boundaries of Chandarpur town till the appeal is decided. The Police Station Officer concerned shall inform this order to the family members of the prosecutrix.

(v) Failure to abide by this condition shall result into recall of this order.

JUDGE kahale