Arun @ Ramu S/O Dharaj Thakre v. The State Of Maharashtra Thr Pso Ps Kalmeshwar Nagpur
2025:BHC-NAG:8436 1 56.APPA.696-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 696 OF 2025 IN CRIMINAL APPEAL NO. 398 OF 2025 ( Arun @ Ramu S/o Dhanraj Thakre Vs.
State of Maharashtra, Thr. PSO PS Kalmeshwar, Dist. Nagpur ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.P. Durge, Advocate for the Applicant/Appellant. Mr. V.A. Thakare, APP for the Non-applicant-Respondent/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 25th AUGUST, 2025 1.
By this Application, the Applicant/Appellant seeking suspension of sentence and releasing him on bail. 2.
The Appellant is convicted for the offence under Section 9(m) punishable under Section 10 of the Protection of Children From Sexual Offence Act, 2012, and sentenced him to suffer rigorous imprisonment for 5 years and to pay fine of Rs.10,000/-, in default to pay fine to suffer imprisonment for the period of 3 months. He is further convicted for the offence punishable under Sections 8 and 12 of the Protection of Children From Sexual Offence Act, 2012 but no separate sentence is imposed. He is further convicted for the offence punishable under Sections 504, 506 of IPC and sentenced to suffer rigorous imprisonment for 1 year and pay fine of
2 56.APPA.696-2025.odt Rs. 1,000/-, in default to pay fine to suffer imprisonment for the period of 2 months.
3.
Heard learned Counsel for the Appellant, who has taken me through the entire impugned judgment and submitted that the Appellant has every chance of success in the present Appeal and the Appeal would take its own time for its final disposal. The Appellant was on bail during the trial and he has not misused the liberty. Moreover, the punishment imposed is of a limited period, and therefore, the execution of sentence be suspended and the Appellant be released on bail.
4.
Learned APP for the Respondent/State, strongly opposed the Application on the ground that the Appeal itself is devoid of merits, and therefore, the Application deserves to be rejected.
5.
After hearing both the sides and on perusal of the impugned judgment from which the learned Counsel for the Appellant has pointed out that he has many arguable points. Moreover, the punishment imposed is of a limited period and the Appeal would take its own time for its final disposal. For all the above grounds the Application deserves to be allowed. Accordingly, I proceed to pass the following order:-
O R D E R
i.
Criminal Application (APPA) No. 696/2025, is hereby allowed.
3 56.APPA.696-2025.odt ii.
The execution of the sentence passed in Special Case No.135/2024, is hereby suspended till the disposal of the Appeal.
iii.
The Applicant - Arun @ Ramu S/o Dhanraj Thakre, shall be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
CRIMINAL APPEAL NO. 398 OF 2025 1.
Heard.
2.
Admit.
3.
Call R & P.
4.
Appeal be listed after preparation of the Paper Book.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte