Praful S/O. Bhagwan Pardhi v. State Of Maharashtra Thr. Pso Darwha Dist. Yavatmal

appa.949.17 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION [APPA] NO.949 OF 2017 IN CRIMINAL APPEAL NO.553 OF 2017 (Praful Bhagwan Pardhi vs.

The State of Maharashtra, through P.S.O. Darwha, District Yavatmal) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: KUM. INDIRA JAIN, J.

DATE : 20 th NOVEMBER, 2017.

Heard Shri P.J. Mehta, learned Counsel for the applicant and Shri R.S. Nayak, learned A.P.P. for the State.

This is an application for suspension of substantive sentence of imprisonment awarded by learned Special Judge, Darwha vide judgment and order dated 27/09/2017 in Special Case No.3/2017. By the said judgment and order, applicant-accused has been convicted of the offences punishable under Sections 354-A and 452 of Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act. The maximum sentence of imprisonment awarded by the trail Court is three years.

Learned Counsel for applicant submits that accused was on bail during trial.

Considering the term of sentence awarded by the learned Special Judge, this Court

appa.949.17 2 finds it appropriate to suspend the substantive sentence of imprisonment and proceed to pass the following order :

O R D E R

I.

The substantive sentence of imprisonment awarded by the trial Court is suspended during pendency of appeal on applicant's furnishing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount to the satisfaction of the trial Court.

II. Criminal application is allowed and disposed of in the above terms.

Criminal Appeal No.569/2017 :

Heard.

Admit.

Call for record and proceedings.

Shri R.S. Nayak, learned A.P.P. waives service of notice for the respondent.

JUDGE *sdw