Dinanath Panchdev Vishwakarma v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4737 OF 2024 IN CRIMINAL APPEAL NO.1211 OF 2024 Dinanath Panchdev Vishwakarma .... Applicant V/s.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2024.12.18 18:14:19 +0530 The State of Maharashtra & Anr.

.... Respondents ---- Mr.Khushal Parmar a/w Ms.Anjali More, for the Applicant. Mr.C.D. Mali, APP, for Respondent-State.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 18th DECEMBER 2024 P.C:- .

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

2.

Heard learned counsel for the Applicant and the learned Additional Public Prosecutor.

3.

The Applicant has been convicted for the offence punishable under Section 354 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012. The Applicant has been sentenced to suffer RI for 3 years N.S. Kamble page 1 of 3

with fine of Rs.2,000/- in default undergo simple imprisonment for 15 days. All sentences run concurrently. The Applicant has deposited fine amount of Rs.2,000/-. The learned Trial Court has suspended the sentence during the appeal period and has granted interim bail to the Applicant.

4.

The learned APP strongly objected to allow the Application and requested to reject the Application. 5.

Considering the submission of both learned counsel as well as sentence imposed on the Applicant is short term sentence. During trial Applicant was on bail. He has not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal.

ORDER

(i) The substantive sentence of imprisonment awarded to the applicant is hereby suspended pending disposal of the appeal, subject to the applicant furnishing a PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

N.S. Kamble page 2 of 3

(ii) The bail bonds to be furnished before the learned Sessions Judge.

(iii) The Criminal Application is disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3