Sham Narayanrao Aasutkar v. State Of Mah. Thr. Pso Ps Kalamb Dist.Yavatmal And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.728 OF 2022 SHAM NARAYANRAO AASUTKAR VS STATE OF MAH. THR. PSO PS KALAMB DIST.YAVATMAL 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 Shaharuk Shah, Adv. h/f Shri M.N. Ali, Advocate for applicant Shri V.A. Thakare, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 25.11.2022.

Today, the victim is personally present in the Court and she is praying for legal aid.

Ms Maharuk Haq, learned Advocate from the Panel of the High Court Legal Services Sub-Committee, Nagpur, is appointed to represent the non-applicant No.2/victim Office is requested to communicate this Order to Ms Maharuk Haq, Advocate.

CRIMINAL APPLICATION (APPA) NO.948 OF 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 Sections 354-A of the Indian Penal Code 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 three months.

3.

The applicant was further convicted for the offence punishable under Section 506 of the Indian Penal Code 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 three months.

4.

The applicant was further 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.

5.

I have perused the findings recorded by the learned Additional Sessions Judge, Yavatmal 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 throughout the trial. Accordingly, I pass the following order:

i.

Criminal application is allowed.

ii.

The order granting suspension of sentence dated 20.10.2022, is hereby confirmed, till disposal of the appeal.

iii.

Bail as in the trial Court with fresh Bonds.

[JUDGE] nd.thawre DOMAJI THAWRE 19:22