Akash Gajanan Pawar vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 12210 Bom

Order                                                                                       3108appa480.21
                                                      1


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


                      CRIMINAL APPLICATION [APPA] NO. 480/2021
                          IN CRIMINAL APPEAL NO. 345/2021.
                                             Akash Gajanan Pawar.
                                                  -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 S.B. Gandhe, Advocate for the Applicant/Appellant.
                                         Shri A.M. Kadukar, A.P.P. for the Non-applicant/
                                         Respondent.



                                                          CORAM : VINAY JOSHI, J.

                                                          DATE      :   AUGUST 31, 2021.


                                                       Heard.

                                        2.             The        applicant/appellant        is     seeking

suspension of execution of substantive sentence passed

in Special POCSO Case No.1/2021 by the Extra Joint

Additional Sessions Judge, Amravati on 28.07.2021.

The learned trial Court held the applicant/appellant

guilty for the offence punishable under Section 8 of the

Protection of Children from Sexual Offences Act and

Section 354 of the Indian Penal Code, and for both the

offence, he was sentenced to suffer rigorous

imprisonment for a period of three years along with

Order 3108appa480.21

fine of Rs.1000/-.

4. The learned Counsel for the applicant /

appellant would submit that the appellant has fair

chances of success in the appeal. He has pointed

towards the impugned judgment to impress that the

trial Court has not appreciated the evidence in its

proper perspective.

5. The maximum sentence is of three years of

imprisonment. The appeal will take considerable time

for disposal in accordance with law. There is no special

ground to refuse to extend the benefit of suspension

which is a normal rule, when the punishment is upto

three years. In view of that, following order is passed.

(i) Criminal Application is allowed and disposed of.

(ii) The execution and implementation of the substantive sentence passed in Special POCSO Case No.1/2021 by the Extra Joint Additional Sessions Judge, Amravati on 28.07.2021 is hereby suspended till the final disposal of the appeal.

(iii) In the meantime, the applicant/appellant shall be released on bail on his furnishing P.R. bond in the sum of Rs.25,000/- with one surety in the like amount.

JUDGE Rgd.