Leshkumar Leeladhar Gokhale vs The State Of Mah. Thr. Pso Ps ...
2021 Latest Caselaw 10456 Bom

Order                                                                                    0508apeal312.21
                                                     1


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


                               CRIMINAL APPEAL NO. 312/2021.
                                        Leshkumar Leeladhar Gokhale.
                                                -VERSUS-
                            The State of Maharashtra, P.S. Jaripatka, Nagpur.

Office notes, Office Memoranda of
Coram, appearances, Court's orders                           Court's or Judge's Orders
or directions and Registrar's orders.
                                          Shri R.M. Patwardhan, Advocate for the Appellant.
                                          Shri M. Khan, A.P.P. for the Respondent.




                                                         CORAM : VINAY JOSHI, J.

                                                         DATE    :     AUGUST 05, 2021.


                                                      Heard.

2. Admit. Call for records and proceedings.

Learned A.P.P. waives notice for the respondent.

....

Criminal Application (APPA) No.425/2021.

Heard.

2. The applicant/appellant is seeking for

suspension of execution of the sentence passed in

Special Child Protection Case No.140/2015 dated

22.07.2021, whereby the learned Trial Judge has

Order 0508apeal312.21

held the appellant/applicant guilty for the offence

punishable under Sections 354-A and 448 of the

Indian Penal Code and Sections 11 and 12 of the

Protection of Children from Sexual Offences Act,

2012. The maximum punishment awarded by the

trial Court is to undergo rigorous imprisonment for

two years along with total fine of Rs.2500/-.

3. It is submitted that the appellant/

applicant has high chances of success in the

appeal. With the assistance of the learned Counsel

for the appellant, I have gone through the

impugned judgment. The appellant/applicant has

deposited the entire fine amount before the trial

Court, and he was on bail during the trial. The

punishment awarded is of fixed term of 2 years,

and there is no likelihood of appeal reaching for

final hearing in near future. Having regard to

these facts, the execution of substantive sentence

imposed by the learned Trial Judge vide judgment

and order dated 22.07.2021 in Special Child

Protection Case No.140/2015, is suspended till

Order 0508apeal312.21

final hearing of this appeal.

In the meantime, the appellant/

applicant be released on bail on his furnishing P.R.

Bond in the sum of Rs.25,000/- with one surety in

the like amount.

4. Criminal Application is accordingly

disposed of.

JUDGE Rgd.