Smt. Nirmal Kaur W/O. Pushpindersingh Wadhava v. State Of Maharashtra Thr. Police Station Officer Police Station Sadar Nagpur

appa.972.17 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION [APPA] NO.972 OF 2017 IN CRIMINAL APPEAL NO.569 OF 2017 (Smt. Nirmalkaur w/o Pushpindersingh Wadhava vs.

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

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Y.N. Nayyar, Advocate for the Applicant. Mrs. S.V. Kolhe, A.P.P. for the State.

CORAM

: KUM. INDIRA JAIN, J.

DATE : 20 th NOVEMBER, 2017.

Heard Shri Y.N. Nayyar, learned Counsel for the applicant and Mrs. S.V. Kolhe, learned A.P.P. for the State.

By this application under Section 389 of the Code of Criminal Procedure, applicant/accused is seeking suspension of substantive sentence of imprisonment awarded by learned Additional Sessions Judge-10, Nagpur vide judgment and order dated 29/09/2017 in Sessions Trial No.600/2016. Accused, a lady of 62 years, was prosecuted for the offences punishable under Section 370 of Indian Penal Code and Sections 3, 4, 5, 6 & 7 of the Immoral TrafÏc (Prevention) Act, 1956. On trial, she has been acquitted of the offence punishable under Section 370 of Indian Penal Code and convicted of the offences under Immoral TrafÏc (Prevention) Act. The maximum

appa.972.17 2 sentence of imprisonment awarded by trial Court is three years.

Learned Counsel for applicant submits that accused was on bail during trial. On a pertinent query, it is submitted by learned Counsel for applicant that accused has no past antecedents and this was the first case against her.

Considering the term of sentence awarded by trial Court and as accused has been acquitted of the offence punishable under Indian Penal Code, this Court is inclined to suspend the substantive sentence of imprisonment during pendency of appeal. Hence, the following order:

O R D E R

I.

The substantive sentence of imprisonment awarded by trial Court is suspended during pendency of appeal on applicant's furnishing P.R. Bond in the sum of Rs.25,000/- 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.

Mrs. S.V. Kolhe, learned A.P.P. waives service of notice for the respondent.

JUDGE *sdw