Sunil Mahadevrao Sawwalakhe v. The State Of Mah. Thr. Pso, Ps, Dattapur, Dist. Amravati.

apeal808.23.O.odt

IN THE HIGH COURT OF JUDICATURE AT B

O MBAY NAGP U R BENCH, N A GPUR CRIMINAL APPEAL NO.

(Sunil Mahadevrao Sawwalakhe Vs. The State of Maharashtra thr. PSO PS Dattapur, Dist. Amravati) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Ms. Shreya H. Bhagat, Advocate for Appellant. CORAM: M. W. CHANDWANI , J J.

DATE: 26 th DECEMBER, .

Heard.

2.

Admit.

3.

The learned A.P.P. waives service of notice for the respondent/State.

4.

Call record and proceedings.

CRIMINAL APPLICATION NO.1298/2023:

The appellant is seeking to suspend the substantive sentence passed by the learned Additional Sessions Judge, Amravati in Special Case No.124/2017 while convicting the appellant for the offence punishable under section 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) sentencing him to suffer rigorous imprisonment for three years and to pay fine of Rs.3000.

2.

Heard the learned counsel for the appellant and

apeal808.23.O.odt the learned APP for the respondent/State.

3.

It appears that the appellant had already paid the fine amount. During pendency of the trial, he was on bail. The learned Trial Court after passing the sentence released him on bail by suspending the sentence to approach before this Court. Considering the pendency, the hearing of the appeal will take time. In view of above, the case is made out for suspension of sentence.

4.

The application is allowed.

5.

Pending the appeal the substantive sentence passed by the learned Additional Sessions Judge in Special Case No.124/2017 shall remain suspend. The appellant shall be released on bail on executing PR bond in the sum of Rs.15,000/- with one solvent surety in the like amount. 6.

The appellant shall appear before this Court as and when directed by this Court.

(M. W. CHANDWANI, J.) NSN