Bombay High Court
Anil S/O Bhagwan Solanke vs State Of Mah. Thr. Pso Ps Mana Tah. ... on 23 August, 2021
Bench: V. G. Joshi
Order 9appa488
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 448/2021 IN
CRIMINAL APPEAL NO. /2021
Anil S/o Bhagwan Solanke 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 N. A. Badar, Advocate for appellant/applicant.
Shri M. J. Khan, APP for respondent.
CORAM : VINAY JOSHI, J.
DATE : 23.08. 2021.
Heard.
2. The appellant/applicant convicted
accused is seeking for condonation of delay of 26
days caused in filing appeal to challenge the order
of conviction. It is contended that since the
appellant is in Jail, he was not able to take
expeditious steps for filing appeal.
3. Having regard to the reasons, delay
stands condoned.
4. Application stands allowed and
disposed of.
Order 9appa488
CRIMINAL APPEAL NO. /2021.
1. Heard.
2. Admit.
3. Learned APP waives service of notice
for respondent.
4. Call for R. and P.
CRIMINAL APPLICATION (APPA) NO. /2021
1. The appellant/applicant is seeking for
suspension of execution of sentence passed in
Sessions Trial No. 99/2014 whereby he is
convicted for the offence punishable under
Sections 354-A, 354-D and Section 12 of the
Protection of Children from Sexual Offences Act.
The Trial Court has imposed sentence of
imprisonment for the period of three years along
with total fine of Rs. 7,000/-.
2. The learned counsel for the appellant
took me through the impugned judgment to
contend that the Trial Court erred in holding the
appellant guilty for charged offence.
Order 9appa488
3. Perused the copy of judgment and
material made available on record.
4. It is particularly pointed out that the
accused was released on bail during trial, however
intermittent he was taken in custody. Obviously,
that may be due to his absence in the Trial Court,
however the record indicates that out of three
years imprisonment, he was in Jail for the period
of near about one year and three months. The
appeal will take its own time for dispose of
according to law.
5. Learned counsel for the appellant
undertakes to deposit fine amount in the Trial
Court on or before his release. In view of that, the
appellant has made out a case. Hence, following
order:-
(I) Application stands allowed and
disposed of.
(II) Execution and implementation of
substantive sentence passed by the Additional
Sessions Judge, Akola in Sessions Trail No.
99/2014 is hereby suspended till disposal of
appeal on his execution P. R. Bond of Rs. 25,000/-
with one surety in the like amount and on
depositing of entire fine amount in the Trial
Order 9appa488
Court.
(III) The learned Trial Court before
accepting the bond, shall ensure that the entire
fine amount is deposited in the said Court.
JUDGE
Gohane.
