Lawrence Aniceto Fernandez v. The State Of Maharashtra And ANR

10-ia-3890-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3890 OF 2024 IN CRIMINAL APPEAL NO. 1050 OF 2024 Lawrence Aniceto Fernandez ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Aniket Nikam a/w. Amit Icham a/w. Sumit Patil for Applicant. Mr. Swapnil V. Walve, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 30 SEPTEMBER 2024 PC :

1.

The Applicant was the accused before the Additional Sessions Judge, Pune, in Special Case No.80 of 2016. The learned Trial Judge vide his Judgment and order dated 29.08.2024 convicted the applicant for commission of offences punishable under section 354 of the I.P.C. and U/s.7 r/w. 8 of the Protection of Children from Sexual Offences Act. He was sentenced to suffer R.I. for three years and to pay a fine of Rs.50000/- and in default to suffer S.I. for six months.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.10.01 11:14:59 +0530 VINOD BHASKAR GOKHALE

10-ia-3890-24 2.

Learned counsel for the applicant submitted that, during trial the applicant was on bail and even after his conviction, he is granted temporary bail U/s.389 of the Cr.p.c. by the learned trial Judge. The sentence imposed is short and the Appeal is not likely to be decided during that short period.

3.

Considering these submissions, the following order is passed:

O R D E R

i) Issue Notice to the Respondent No.2, returnable on 15.10.2024.

ii) The I.O. shall inform the Respondent No.2 about the next date of listing and shall make a statement to that effect before the Court.

iii) Till 15.10.2024, the order granting bail to the applicant U/s.389 of the Cr.p.c. shall continue. iv) Stand over to 15.10.2024.

(SARANG V. KOTWAL, J.)