Bombay High CourtAPPA/929/2017bail granted rejectedfor apeal

Madan S/O. Tikaji Kokode v. The State Of Maharashtra Tthr. Police Station Officer Police Station Shegaon Tah. Warora Chandrapur

2017-11-14Hon'Ble Kum. Justice Indira Jain2 pages

1 appa929.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.929 OF 2017 IN CRIMINAL APPEAL NO.541 OF 2017 [Madan Tikaji Kokode .vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : KUM. INDIRA JAIN, J.

DATED : NOVEMBER 14, 2017.

Heard Shri Ananta Ramteke, learned counsel for applicant and Shri R.S. Nayak, learned APP for non-applicant/State.

By this application, applicant is seeking suspension of substantive sentence of imprisonment awarded by the learned Special Judge, Warora vide judgment and order dated 6.7.2017 in Special (Atrocity) Case No.6/2011 thereby convicting the applicant of the offence punishable under section 377 read with section 511 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years with fine of Rs.500/- in default simple imprisonment for three months.

Applicant was on bail during trial. After conviction, the trial court has suspended the substantive sentence of imprisonment.

Considering the short term sentence awarded by the trial court and as he was on bail during trial, this court is inclined to allow the

2 appa929.17.odt application. Hence, the following order :

ORDER

i) The execution of substantive sentence of imprisonment is suspended during pendency of appeal on applicant's furnishing PB & SB of Rs.15,000/- each to the satisfaction of the trial court.

ii) Criminal Application (APPA) No.929/2017 is allowed and disposed of.

JUDGE Gulande