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Bombay High CourtCRMA/157/2019disposed of

Rekha @ Vidhila Faldessai., v. State, Thr. P.P.,

2019-06-14Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

1 Cri. Misc. Appln. No.157/2019 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 157 OF 2019 Ms. Rekha @ Vidhila Faldessai, d/o Vithal Parab, aged 49 years, Occupation:

Teacher, r/o General Pool Quarters, Bldg. No. C-1-6, Near Sub Jail, Headland, Sada, Mormugao, Goa.

...

Applicant.

Versus

State, Through PP Hon'ble High Court of Bombay at Panaji, Goa. ... Respondents Mr. Sidhesh Shet, Advocate for the Applicant. -.

Mr. M. Amonkar, Addl. Public Prosecutor for Respondent. Coram : Prithviraj K. Chavan,J Date : 14 June 2019.

Oral Order:

Heard Mr. Sidhesh Shet, learned Counsel for the applicant and Shri M. Amonkar, learned Addl. Public Prosecutor for the State.

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2. This is an application for suspension of sentence and release of applicant on bail, who came to be convicted by the Children's Court, Goa under Section 324 of the Indian Penal Code and Section 8(2) of the Goa Children's Act, 2003. The applicant is sentenced to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for six months for an offence punishable under Section 324 of the Indian Penal Code. She is further sentenced to under go simple imprisonment of one day and directed to pay fine to the tune of Rs. 100,000/- and in default to under go simple imprisonment for one year, for an offence punishable under Section 8(2) of the Goa Children's Act, 2003.

3. The learned Counsel for the applicant seeks three weeks time to deposit the fine amount. Accordingly, permission is granted to deposit the fine amount, within three weeks from today.

4. Pending the hearing of the appeal preferred by the applicant, the execution of sentence passed by the Trial Court, shall stand suspended on the applicant furnishing a bond in the sum of Rs. 20,000/- with one surety in the like amount, to the satisfaction of the President, Children's Court of the State of Goa at Panaji,

5. The applicant shall make her available during the hearing of appeal as and when directed.

3 Cri. Misc. Appln. No.157/2019

6. Application stands disposed of.

7. Leave to correct the cause title as well as the averments made in para 4 and 6 of the application is granted. Amendment/correction to be carried out forthwith.

Prithviraj K. Chavan,J.

MF/-