Citation : 2021 Latest Caselaw 10968 Bom
Judgement Date : 12 August, 2021
Order 4Apeal329
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 329/2021
Milind Pandurang Raut Vs. 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 A. S. Dhore, Advocate for appellant/applicant.
Shri A. M. Deshpande, APP for respondent/State
CORAM : VINAY JOSHI, J.
DATE : 12.08. 2021.
Heard.
2. Admit.
3. Learned APP waives service of notice for respondent/State.
4. Call for R. and P.
CRIMINAL APPLICATION (APPA) NO. 454/2021
5. The applicant is seeking for suspension of execution of sentence passed in Special (POCSO) Sessions Case No. 45/2018 by Special Judge (POCSO Act), Wardha vide its judgment and order dated 19.07.2021. The Trial Court held that applicant is guilty for the offence punishable under Sections 354-A, 354-D of the Indian Penal Code and Section 12 of the Protection of Children
Order 4Apeal329
from Sexual Offences Act and the maximum sentence awarded is to undergo rigorous imprisonment for 2 years along with total fine amount of Rs. 4,000/-.
6. During pendency of trial, the applicant/ appellant was on bail and post conviction, the Trial Court has suspended the execution of sentence. The appellant has deposited total fine amount of Rs. 4,000/- of which photo copy of receipt is tendered.
7. Fixed term of sentence is imposed which is of 2 years. There is no likelihood of appeal coming for hearing in near future. In view of that, execution of substantive sentence stands suspended till final disposal of appeal.
8. In the meantime, appellant - Milind Pandurang Raut is released on bail on the same terms and conditions as imposed by the Trial Court whilst suspending sentence post conviction.
9. Application stands disposed of.
JUDGE
Gohane.
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