Rakesh Rajkumar Panchabudhe v. State Of Mah. Thr. Pso Ps Kardha Dist.Bhandara And Another.

2024:BHC-NAG:6290

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 1250 OF 2023 I N CRIMINAL APPEAL NO.779 OF 2023 Rakesh s/o Rajkumar Panchabudhe Vs.

State of Maharashtra, through PSO, PS Kardha, Distt. Bhandara _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr A.M. Balpande, Advocate (appointed) for the appellant. Ms R.V. Sharma, APP for the State.

CORAM :

G.A. SANAP, J.

DATE :

20.06.2024 Heard learned Advocate for the appellant and learned APP for the respondent/State.

2.

This is an application filed by the appellant/accused for suspension of his sentence and grant of bail.

3.

The maximum sentence awarded is three years imprisonment for the offence punishable under Section 12 of Protection Of Children from Sexual Offences Act, 2012 (POCSO Act). The accused has been convicted on other counts as well.

4.

It is stated that the accused has been in jail for 11⁄2 years. It is stated that the accused has good case on merit. The appeal may take its own time and therefore, the sentence may be suspended.

5.

I have heard learned Advocate for the appellant and learned APP for the State. I have gone through the record and proceedings.

6.

The accused has been in jail for last 11⁄2 years. The maximum sentence awarded by the learned Special Judge is three years rigorous imprisonment. The appeal is of the year 2023. It may take its own time for final adjudication. Therefore, considering the quantum of sentence and the fact that there is no likelihood of deciding the appeal in near future. It would be just and proper to suspend the sentenced.

7.

Accordingly, the application is allowed.

i) The substantive sentence awarded by the Special learned Judge vide judgment and order dated 23.01.2023 in Special Case (Child Protection) No.18/2021 shall remain suspended during pendency of the appeal.

ii) Appellant Rakesh Rajkumar Panchabudhe be released on bail on his furnishing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) and one surety in the like amount.

iii) The surety be submitted before the Trial Court. 8.

Criminal Application stands disposed of.

(G. A. SANAP, J.) manisha