Bombay High Court
Bapu Yeshwant Hire vs The State Of Maharashtra And Anr on 15 February, 2021
Bench: S. K. Shinde
25-IA-1401-
Digitally 2020.odt
signed by
Shambhavi
Shambhavi N. Shivgan
N. Shivgan Date:
2021.02.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
17:25:10
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1401 OF 2020
IN
CRIMINAL APPEAL NO.473 OF 2020
Bapu Yeshwant Hire ... Applicant
Vs
The State of Maharashtra & Anr. ... Respondents
...
Mr. Sandeep Waghmare i/by Mr. Rahul Motkari for the
Applicant.
Mr. Yogesh Dabke, APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : 15th FEBRUARY, 2021.
P.C. :
Heard.
2 Pending appeal, applicant seeks suspension of
sentence passed in Sessions Case No.24 of 2014 imposed
by the learned Additional Sessions Judge, Niphad.
3 Applicant-accused has been convicted under
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Section 354-A, 354-D, 323 and 506 of the Indian Penal
Code, 1860 and Section 8 of the Protection of Children From
Sexual Ofences Act, 2012. For the ofence under Section
354-A read with Section 8 of the POCSO Act, he has been
sentenced to sufer rigorous imprisonment for three months
; for the ofence punishable under Section 354-D, he has
been sentenced to sufer rigorous imprisonment for three
years and fne of Rs.3,000/-; for the ofence punishable
under Section 323, he has been sentenced to sufer
rigorous imprisonment for one year and fne of Rs.1,000/-
and for an ofence punishable under Section 506 of the IPC,
he has been sentenced to sufer rigorous imprisonment for
three years and fne of Rs.3,000/-.
4 Clause (7) of the operative order shows that the
accused was under detention from 24th March, 2014 to 21st
April, 2014 and from 7th December, 2019 till 31st January,
2020, a date on which he has been convicted and
sentenced. Sentence imposed is "short term" sentence.
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Applicant has undergone sentence, say about more than a
year and a month. Moreover, appeal is not likely to be
heard in reasonable time.
5 I have perused the evidence and the impugned
judgment and order.
6 In view of the evidence and the sentence being
short term sentence, impugned sentence is suspended and
the applicant is directed to be released on bail on furnishing
bonds in the sum of Rs.20,000/- with one or more sureties
in the like amount.
7 The application is accordingly allowed and
disposed of.
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8 It is clarifed that his suspension of sentence and
the order releasing him on bail is subject to deposit of fne
imposed by the learned Sessions Court in the impugned
judgment and order.
(SANDEEP K. SHINDE, J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.473 OF 2020
Bapu Yeshwant Hire ... Appellant
Vs
The State of Maharashtra & Anr. ... Respondents
...
Mr. Sandeep Waghmare i/by Mr. Rahul Motkari for the
Appellant.
Mr. Yogesh Dabke, APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : 15th FEBRUARY, 2021.
P.C. :
Admit.
2 Call records and proceedings from the trial Court.
3 Mr. Dabke, learned Additional Public Prosecutor
waives notice for the respondent no.1-State. Issue notice to
the respondent no.2, returnable after eight weeks.
(SANDEEP K. SHINDE, J.)
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