Suhas @ Sonya Prakash More v. State Of Maharashtra And ANR

2024:BHC-AS:10983 Urmila Ingale 28-ia-923-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 923 OF 2024 IN CRIMINAL APPEAL NO. 210 OF 2024 SUHAS @ SONYA PRAKASH MORE .. APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR. ..RESPONDENTS Mr. Nikhil N. Pawar, for the applicant.

Ms. Megha S. Bajoria, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : MARCH 6, 2024 P.C. :

1.

This is an application for suspension of sentence and for bail.

2.

The trial Court by the impugned judgment and order dated 19/01/2024 convicted the applicant for the offence punishable under section 12 of the Protection of Children from Sexual Offences Act, 2012 and under sections 354, 354A(ii), 354D of the Indian Penal Code, sentencing him to suffer rigorous imprisonment for one year along with fine of Rs.5,000/-. The fine amount has been paid. The sentence imposed under the above sections does not exceed one year and the same is to run concurrently.

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Urmila Ingale 28-ia-923-24.doc 3.

Learned APP opposed the application contending that for the offences punishable under the aforesaid sections, the applicant has been convicted. It is prayed that the appeal be heard finally. However, considering the pendency it is not possible to give priority to this appeal. The appeal is not likely to be heard soon. During the trial, the applicant was in custody for 25 days. The applicant did not misuse the liberty while on bail. Considering the short sentence, sentence is suspended. Hence, the following order.

O R D E R

(i) The application is allowed.

(ii) The sentence imposed by the trial Court vide judgment and order dated 19/01/2024 in Special Case No. 43 of 2023 is accordingly suspended.

(iii) The applicant- Suhas @ Sonya Prakash More shall be released on same bail as in the trial Court, however, with fresh bonds.

(iv) The applicant shall report to the trial Court once a year, on the first Monday of the concerned month between 11:00 a.m. and 1:00 p.m. commencing from April 2024.

4.

The application is disposed of.

(M. S. KARNIK, J.) 2/2 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 06/03/2024 19:18:52