Vinod @ Manoj Bhimrao Mohod vs State Of Maharashtra, Thr. Police ...
2021 Latest Caselaw 10455 Bom

Order                                                                                        24appa380
                                                    1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                        CRIMINAL APPLICATION NO. 380/2021 IN
                            CRIMINAL APPEAL NO. 269/2021
                                        Vinod @ Manoj Bhimrao Mohod
                                                    VERSUS
                                             State of Maharashtra

Office notes, Office Memoranda of
Coram, appearances, Court's orders                           Court's or Judge's Orders
or directions and Registrar's orders.

                                          Shri Y. J. Sheikh, Advocate for applicant/appellant.
                                          Shri M. J. Khan, APP for non-applicant/respondent


                                                        CORAM : VINAY JOSHI, J.

DATE : 05.08. 2021.

Heard.

2. This is an application seeking suspension of

execution of sentence in terms of Section 389(1) of the

Code of Criminal Procedure. The applicant was tried

in Special (POCSO) Case No. 219/2016 and convicted

for the offence punishable under Sections 363, 354-(A)

(2), 354-B of the Indian Penal Code and under Section

10 of the Protection of Children from Sexual Offences

Act, 2016. The Trial Court imposed maximum

punishment of rigorous imprisonment of five years and

to pay total fine of Rs. 2500/-. The appellant

undertakes to deposit fine amount within a period of

Order 24appa380

two weeks from the date of his release. It is submitted

that the appellant was on bail during trial.

3. With the assistance of both sides, I have

gone through the impugned judgment. Learned

counsel for the appellant pointed towards some

inconsistencies occurred in the evidence of victim and

her mother. Moreover, it is submitted that though

victim had admittedly informed the incident to her

mother. On the date of occurrence, however, there is

delay of six days in lodgement of First Information

Report (FIR). In view of this submission, matter

requires reconsideration.

4. The appellant is punished with fixed term

of imprisonment of five years out of which he has

already undergone two years of imprisonment. There

are no chance of final hearing of appeal in near future.

Having regard to these facts, execution and

implementation of substantive sentence stands

suspended till final disposal.

5. In the meantime, appellant is released on

his furnishing P. R. Bond of rs. 25,000/- with one

Order 24appa380

surety in the like amount.

4. The appellant shall deposit entire amount

of Rs. 2500/- within two weeks in Trial Court, failing

which the State can approach for revival of this order.

5. Application stands allowed and disposed

of.

JUDGE

Gohane.