Sunil S/O Yadorao Kusram vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 11816 Bom

                                               1                                        8 appa 478.2021

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH : NAGPUR

                            CRIMINAL APPEAL NO. 343 OF 2021

                                                   AND

                    CRIMINAL APPLICATION (APPA) NO. 478 OF 2021

                                      Sunil s/o Yadorao Kusram
                                                 ..vs..
                                   State of Maharashtra, thr. P.S.O.

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Office Notes, Office Memoranda of Coram,                                    Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                Shri Y.B. Mandpe, Advocate for applicant/appellant.
                                Shri H.D. Dubey, A.P.P. for non-applicant/respondent/State.


                                           CORAM : VINAY JOSHI, J.

DATED : 25/08/2021

Heard.

2. ADMIT. Learned A.P.P. waives notice for respondent/State.

3. Call for the Record and Proceedings.

CRIMINAL APPLICATION (APPA) NO. 478 OF 2021 Heard.

2. The applicant is seeking for suspension of execution of sentence passed in Special POCSO Case No. 10 of 2017 vide judgment and order dated 04.08.2021. The applicant was convicted for the offence punishable under Sections 341 and 363 of the Indian Penal Code and Sections 11 read with 12 of the

2 8 appa 478.2021

Protection of Children from Sexual Offences Act, (POCSO), 2012.

3. Though the Trial Court has imposed separate sentences under each head, however, the maximum term of imprisonment was of three years along with a fine of Rs.8500/-. All sentences were directed to run concurrently.

4. It is submitted that during the trial, the applicant was on bail and post conviction, the Trial Court has suspended the execution of sentence. The entire fine amount have been deposited. The appeal will take considerable time for its final disposal. Since the fixed term of imprisonment is imposed, the execution of sentence can be suspended as there appears to be arguable case. In view of that following order :

(a) Application stands allowed.

(b) The execution of substantive sentence passed in Special POCSO Case No. 10 of 2017 vide judgment and order dated 04.08.2021 by Additional Sessions Judge, Gondia is hereby suspended till the disposal of appeal.

(c) In the meantime, the applicant Sunil s/o Yadorao Kusram be released on bail on same terms and conditions as imposed by the Trial Court while suspending the sentence.

                                                              JUDGE



                                         3                    8 appa 478.2021

Trupti