Shatrughan Chhannulal Gautam v. The State Of Maharashtra Through Police Station Officer Salekasa Police Station Salekasa

-1- 18.APPEAL.101.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 101 OF 2025 Shatrughan Chhannulal Gautam Vs.

The State of Maharashtra, through PSO, PS. Salekasa, Tah. Salekasa, Dist. Gondia & Anr.

********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Ms. Shubhada Chondekar, Advocate h/f. Mr. A.N. Rangari, Advocate for the Appellant.

Mr. N.B. Jawade, APP for Respondent No.1.

CORAM : G. A. SANAP, J.

DATED : 21 st FEBRUARY, 2025.

.

Heard.

2.

ADMIT.

3.

Issue notice to the respondents.

4.

Learned APP waives service of notice on behalf of respondent No.1.

5.

Notice to respondent No.2 returnable within three weeks.

6.

In-charge of the concerned police station shall ensure the service of notice to respondent No.2. 7.

Call for the record and proceedings.

CRIMINAL APPLICATION (APPA) NO. 185 OF 2025 8.

Heard.

9.

This is an application filed by the appellant/accused for suspension of his sentence and grant of bail. 10.

The appellant/accused has been convicted by the learned Special Judge (POCSO Act) and Sessions Judge, Gondia in Spl. (POCSO) Case No.53/2021 vide judgment and order

-2- 18.APPEAL.101.2025.odt dated 11.02.2025 for the offences punishable under Sections 354 and 354-A(2) of the Indian Penal Code, 1860. He is sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-, in default to suffer rigorous imprisonment for fifteen days.

11.

The grounds of challenge have been set out in the memo of appeal. The maximum sentence awarded by the learned Sessions Judge is one year rigorous imprisonment. The accused has deposited the fine amount. The learned Sessions Judge on pronouncement of judgment and order suspended the sentence. In my view, considering the fact that this appeal would take its own time for final adjudication and the sentence is of one year rigorous imprisonment, it would be just and proper to allow the application and suspend the sentence. 12.

Accordingly, the application is allowed.

i] The sentence awarded by the learned Special Judge (POCSO Act) and Sessions Judge, Gondia, shall remain suspended during the pendency of the appeal.

ii] Appellant - Shatrughan Chhannulal Gautam be released on bail on his furnishing P.R. bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount.

iii] The bail before the trial Court.

13.

The application stands disposed of accordingly. (G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 21/02/2025 16:35:49