Shaikh Sohel @ Shaikh Shoeb Shaikh ... vs State Of Mah. Thr. Pso Ps ...
2021 Latest Caselaw 9434 Bom

                                                1                                        12 apeal 271.2021

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

                         CRIMINAL APPEAL NO. 271 OF 2021
                                      AND
                   CRIMINAL APPLICATION (APPA) NO. 381 OF 2021

                                       Shaikh Sohel @ Shaikh Shoeb
                                                   ..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 V.L. Navlani, Advocate for appellant/applicant.
                                Shri I.J. Damle, A.P.P. for respondent/non-applicant.


                                              CORAM : VINAY JOSHI, J.

DATED : 17/07/2021

Hearing was conducted through Video Conferencing.

2. Heard.

3. ADMIT.

4. Learned A.P.P. waives notice for respondent/ State.

5. Call for the record and proceedings.

CRIMINAL APPLICATION (APPA) NO. 381 OF 2021

By this application, the Applicant is seeking for suspension of execution of sentence passed in Special (POCSO) Case No. 60 of 2020 by Additional Sessions Judge, Amravati vide judgment and order dated 23.06.2021. The Trial Court held the applicant/ appellant guilty for the offence punishable under

2 12 apeal 271.2021

Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and imposed sentence to suffer rigorous imprisonment for one year along with a fine of Rs.1,000/-. The applicant/appellant submitted that he has deposited fine amount in the Trial Court and post conviction the Trial Court has suspended the execution of sentence.

2. Having regard to the term of sentence directed to under go, the applicant is entitled for suspension of sentence, hence the following order :

(a) The execution of substantive sentence imposed by the Additional Sessions Judge, Amravati on 23.06.2021 in Special (POCSO) Case No.60 of 2020 is hereby suspended till the disposal of Appeal. In the meantime, the applicant /appellant be released on bail on same terms and conditions as imposed by the Trial Court while suspending the sentence.

JUDGE Trupti