Nivrutti Dnyaneshwar Jadhav v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.5406 OF 2024 IN CRIMINAL APPEAL NO.1360 OF 2024 Nivrutti Dnyaneshwar Jadhav ... Applicant Vs.

State of Maharashtra and anr.

... Respondents ------- Mr. Amey Deshpande with Mr. Harsh Nishar i/by Ms. Ankita Anil Pawar, Advocates for the Applicant.

Mr. Kiran C. Shinde, APP for the State/Respondent No.1. Mr. Afsar Ansari, Appointed Advocate for Respondent No.2. ------- CORAM :

SHIVKUMAR DIGE, J.

DATE :

29 APRIL, 2025.

P.C. :

1.

Mr. Afsar Ansari, learned counsel is appointed to represent Respondent No.2.

2.

This is an application for suspension of sentence and for bail. 3.

Heard learned counsel for the Applicant and the learned Additional Digitally signed by PRIYA RAJESH SOPARKAR Date:

2025.05.03 16:24:44 +0530 PRIYA RAJESH SOPARKAR Public Prosecutor/as well as the learned counsel for Respondent No.2.

4.

The Applicant has been convicted for the offence punishable under Sections 354-A(1)(i), 354(D), 506 of the Indian Penal Code, 1860 (for short "I.P.C.") and Sections 8 and 12 of the Protection of Children From Sexual Offences Act, 2012 (for short "POCSO Act"). The Applicant has been sentenced to suffer for the offence punishable under Sections 354A(1)(i), 354(D) of the I.P.C. and Sections 8 and 12 of the POCSO Act rigorous imprisonment for 3 years and to pay fine of Rs.15,000/- out of which Rs.10,000/- be given to the victim towards compensation and in default to pay the fine, he shall suffer simple imprisonment for four months. The Applicant also has been sentenced to suffer for the offence punishable under Section 506 of the I.P.C. rigorous imprisonment for 1 year and to pay fine of Rs.1,000/- and in default to pay the fine, he shall suffer simple imprisonment for two months. The Trial Court has suspended the sentence during the appeal period and has granted interim bail to the Applicant.

5.

Having heard the learned counsel for the parties, the following order is passed.

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.15,000/- with one or two sureties in the like amount.

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

(iii) The Interim Application is disposed of.

(SHIVKUMAR DIGE, J.)