Nilkantha Sitaramji Dekate v. State Of Mah. Thr. Pso Ps Wadi Nagpur

53appa914-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.914 OF 2022 IN CRIMINAL APPEAL NO.694 OF 2022 NILKANTHA SITARAMJI DEKATE VS STATE OF MAH. THR. PSO PS WADI NAGPUR 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 A.J. Thakkar, Advocate for applicant Shri V.A. Thakare, APP for the State / Non-applicant Ms Kirti Deshpande, Adv. for the victim (appointed) CORAM : ANIL S. KILOR, J.

DATED : 09.12.2022.

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 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.2,000/-, in default to pay fine, further to suffer rigorous imprisonment for one month.

3.

I have perused the findings recorded by the learned trial Court in the impugned judgment and order and thereupon, I am of the opinion that applicant is nd.thawre

53appa914-22.odt 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 order dated 14.10.2022, suspending sentence, shall continue till disposal of the appeal. iii.

Bail as in the trial Court with fresh Bonds.

The application is disposed of accordingly.

[JUDGE] DOMAJI THAWRE 17:10 nd.thawre