Ajitkumar Ramakant Mishra v. The State Of Maharashtra Through Police Station Officer Police Station Shirpur
2025:BHC-NAG:5756 1 935-APPA-512-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 512 OF 2025 IN CRIMINAL APPEAL NO. 286 OF 2025 AJITKUMAR RAMAKANT MISHRA Vrs.
THE STATE OF MAHARASHTRA -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri R. D. Dhande, Advocate for applicant.
Shri Nitin Rode, A. P. P. for respondent-State. CORAM: URMILA JOSHI-PHALKE, J.
DATE : 20/06/2025.
1.
By this application, the appellant is seeking suspension of sentence and releasing him on bail. 2.
The applicant is convicted for the offence punishable under Sections 354-D, 341, 509, 354-A of the I.P.C. and under Section 12 r/w Section 11 of the Protection of Children from Sexual Offences Act. The maximum punishment imposed on the present applicant is for the offence punishable under Section 12 of the Protection of Children from Sexual Offences Act and sentenced to suffer regorous imprisonment for a period of two years and fine of Rs.1,00,000/-, in default to suffer simple imprisonment for six months.
3.
The applicant is further convicted for the offence punishable under Section 341 of the IPC and sentenced to suffer simple imprisonment for a period of
2 935-APPA-512-2025.odt one month and fine of Rs.500/-, in default to suffer simple imprisonment for 15 days.
4.
Heard learned counsel for the applicant who submitted that the applicant has many arguable points in the present appeal. However, the appeal will take its own time for its final disposal. He further submitted that punishment imposed is for limited period. Considering the same, execution of the sentence be suspended. 5.
Learned APP strongly opposed for the same and submitted that the appeal itself is devoid of merits. 6.
On hearing both the sides and on perusal of the impugned Judgment from which learned counsel for the applicant has pointed out that he has many arguable points in the present appeal. Moreover, the punishment imposed is for limited period, the appeal will take its own time for its final disposal.
7.
In the meantime, if the sentence is executed, the appeal would become infructuous. In view of that, prayer of the applicant deserves to be allowed. Accordingly, I to proceed pass the following order :-
ORDER
i] The application is allowed.
ii] The execution of the sentence passed in Special Case No.31/2019 is hereby suspended, till disposal of the appeal.
3 935-APPA-512-2025.odt iii] The applicant - Ajitkumar Ramakant Mishra be released on bail, on executing P. R. Bond of Rs.25,000/- with one solvent surety of the like amount.
8.
Criminal Application (APPA) No.512/2025 is disposed of.
Criminal Application (APPA) No.513/2025 9.
Issue notice to the respondents.
10.
Learned APP waives notice for respondentState and seeks time to file reply on this application. Criminal Appeal No.286/2025 11.
Heard.
12.
Admit.
13.
Call for Record and Proceedings.
14.
Appeal be listed for final disposal after the preparation of the paper book.
[URMILA JOSHI-PHALKE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/06/2025 17:31:58