Mahadev Chandu Pawar v. State Of Maharashtra And ANR

2024:BHC-AS:16033

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4677 OF 2023 IN CRIMINAL APPEAL NO.1403 OF 2023 MAHADEV CHANDU PAWAR ..APPLICANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ None for the applicant.

Mr. S. H. Yadav, APP for the State.

Adv. Meghna Gowalani for respondent No.2.

------------ CORAM : M. S. KARNIK, J.

DATE : APRIL 4, 2024.

P.C. :

1.

This is an application for suspension of sentence and bail.

2.

The trial Court by the judgment and order dated 30.09.2023 has convicted the applicant for the offence punishable under Section 354(D) of the Indian Penal Code and sentenced to suffer simple imprisonment for one year along with fine of Rs.1,000/-, in default of payment of fine to undergo two months simple imprisonment. The applicant was also convicted for the offence punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer simple imprisonment for two 1/3

years along with fine of Rs.1,000/-, in default of payment of fine to undergo two months simple imprisonment. The fine amount has been paid. The applicant was in pre-trial custody from 02.11.2017 to 06.12.2017. The set off has been granted.

3.

Learned APP as well as Advocate Meghna Gowalani appointed by this Court for respondent No.2 opposed the application. It is submitted that the trial Court by a well reasoned order has convicted the applicant.

4.

Considering the short sentence imposed, as the appeal is not likely to be heard any time soon, I am inclined to suspend the sentence and enlarge the applicant on bail. 5.

The sentence is suspended. The applicant be enlarged on same bail as before the trial Court with fresh bonds. 6.

The applicant shall report to the trial Court once in a year, on first Monday of the concerned month, between 11:00 a.m. to 1:00 p.m., commencing May, 2024. The applicant shall furnish his contact number and residential address to the Trial Court. The applicant shall appear at the time of final hearing.

2/3

7.

The interim application is disposed of.

8.

I appreciate the valuable assistance rendered by Advocate Meghna Gowalani, who appeared on behalf of respondent No.2 in this proceeding.

(M. S. KARNIK, J.) 3/3 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 04/04/2024 16:43:44