Sandhya W/O Rajesh Masne v. State Of Mha. Thr. Pso Ps Dhantoli Tah. And Dist.Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 752 OF 2022 Sandhya W/o Rajesh Masne .Vs. State of Maharashtra, through P.S.O., P.S. Dhantoli, Tah. & Dist. Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.S. Malode, Advocate for the appellant. Ms Kalyani Deshpande, A.P.P. for the respondent/State. CORAM : M.W. CHANDWANI, J.

DATED : 28/10/2022 1.

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure in which the judgment and order dated 30.08.2022 in Sessions Trial No.108 of 2019 has been assailed. The appellant, by the said order, has been convicted for offence punishable under Section 353 of the Indian Penal Code (IPC), and directed to suffer rigorous imprisonment for 3 years with fine of Rs.1,000/- and in default to undergo further 6 months rigorous imprisonment. He has been also convicted for the offence punishable under Section 332 of the IPC to suffer with rigorous imprisonment for 3 years with fine of Rs.1,000/- and in default to undergo further 6 months rigorous imprisonment. He has been also convicted for the offence punishable under Section 509 of the IPC to suffer with simple imprisonment for 2 years with fine of Rs.500 and in default to undergo further 4 months simple imprisonment.

2.

Admit.

3.

Issue notice to the respondent, returnable on 22.11.2022.

4.

Ms Kalyani Deshpande, learned A.P.P. waives service of notice for the respondent/State.

5.

Call record and proceedings.

Criminal Application (APPA) No.962 of 2022 6.

Apart from the present appeal, the appellant is also filed the present application for suspension of sentence and grant of bail till decision of this appeal. Needless to mention that the sentence ordered by the trial Court has been suspended by the trial Court by its order dated 30.08.2022 to enable the appellant to approach before this Court for obtaining order of suspension of substantive sentence.

7.

It is to be noted that during the trial, the appellant was on bail.

8.

Considering the punishment awarded i.e.

rigorous imprisonment for 3 years for the offence punishable under Sections 353 and 332 and two years for the offence punishable under Section 509 of the IPC, the case is made out for suspension of substantive sentence. i) The application is allowed.

ii) The sentence imposed by the learned Additional Sessions Judge-12, Nagpur in Sessions Case No.108 of 2019 vide judgment dated 30.08.2022, is suspended till disposal of the appeal and iii) The appellant shall furnishing a P.R. Bond for Rs.15,000/- with one solvent surety in the like amount before the trial Court.

(M. W. CHANDWANI, J.) Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge