Kamlesh Gopal Pimpalkar v. The State Of Mah. Thr. Pso Ps Wardha (City) Dist.Wardha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.725 OF 2022 KAMLESH GOPAL PIMPALKAR VS THE STATE OF MAH. THR. PSO PS WARDHA (CITY) DIST.WARDHA AND ANR. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri P.S. Kadam, Advocate for applicant Shri N.R. Rode, 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 Sonali Saware, 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 Sonali Saware, Advocate.

CRIMINAL APPLICATION NO.945 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 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.3,000/-, in default to pay fine, further to suffer simple Imprisonment for three months.

3.

The applicant was further convicted for the offence punishable under Sections 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default to pay fine, further to suffer simple Imprisonment for two months.

4.

I have perused the findings recorded by the learned Additional Sessions Judge, Wardha 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 17:18