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Bombay High CourtAPPA/704/2019others disposed off

Sandeep Vasant Natekar v. The State Of Maharashtra And ANR

2019-11-04Hon'Ble Shri Justice P.N. Deshmukh3 pages

1/3 32. APPA 704-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 704 OF 2019 IN CRIMINAL APPEAL NO. 826 OF 2019 Sandeep Vasant Natekar .. Applicant

Versus

The State of Maharashtra and Anr.

.. Respondents ...

Mr. Kuldeep Nikam for the Applicant.

Mrs. M. R. Tidke, APP for Respondent No.1/State. CORAM: P. N. DESHMUKH, J.

DATED : 4th NOVEMBER,2019.

P.C:- This application is for suspension of sentence and for bail by the appellant who came to be convicted by the Trial Court for the offence punishable under Section 354-A of Indian Penal Code and is sentenced to suffer Rigorous Imprisonment for six months and to pay fine of Rs.1,000/-, in default to suffer further Rigorous Imprisonment for fifteen days. Applicant is also convicted

2/3 32. APPA 704-2019.doc for the offence punishable under Section 11 read with 12 of the Protection of Children from Sexual Offences Act, 2012 and is sentenced to suffer Rigorous Imprisonment for six months and to pay fine of Rs.1,000/-, in default to suffer further Rigorous Imprisonment for fifteen days.

2.

It is submitted that applicant was on bail pending trial and on his conviction, his sentence is suspended by the Trial Court. However, on being released on bail, as applicant did not prefer an appeal during limitation, had surrendered before the Trial Court and he is taken into custody and as such, he is in jail since today morning.

3.

Considering above facts and as appellant is imposed with short sentence, which was already suspended till the filing of appeal, application is allowed as per order below :

ORDER

(a) Applicant shall be released on bail on his executing P.R.bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety in the like amount.

3/3 32. APPA 704-2019.doc (b) While on bail, applicant shall mark his presence with MIDC Kupwad Police Station, District Sangli, quarterly on the first day of each such month, pending trial.

(P. N. DESHMUKH, J.)