Pundalik @ Bandu S/O Daulat Zalake vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 4052 Bom

1/3                                                                8 appa 165.21.odt



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

                              APPA NO.165 OF 2021
                                      IN
                        CRIMINAL APPEAL NO.      OF 2021

                              Pundalik @ Bandu S/o Daulat Zalake
                                               Vs.
                                      State of Maharashtra

Office     Notes,   Office                        Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                             Shri Parag K.Bezalwal, Advocate for the applicant.
                             Shri N.S. Rao, APP for the non-applicant/State.


                                         CORAM : Z. A. HAQ AND
                                                 AMIT B. BORKAR, JJ.

DATE : 04.03.2021.

1. Shri N.S. Rao, learned APP for the State has invited our attention to the order of the Hon'ble Supreme Court in Suo Moto Writ Petition Civil No.3/2020.

2. In view of the order of Hon'ble Supreme Court, there is no delay in filing present appeal, as the impugned judgment is passed on 30th September 2020.

3. In view of said reason, the application does not survive. Application (APPA) is disposed of accordingly.

2/3 8 appa 165.21.odt

CRIMINAL APPEAL NO......../2021

1. Heard.

2. Admit.

3. Shri N.S. Rao, learned APP waives notice for the respondent/State.

4. Call for Record and Proceedings.

CRIMINAL APPLICATION NO. ........./2021

1. By this application the accused has sought suspension of sentence under Section 389 of the Code of Criminal Procedure.

2. We have carefully gone through the impugned judgment and order and the notes of evidence placed on record by the appellant. From the material placed on record, it appears that the accused was 57 years old at the time of incident and victim was 13 years old. During pendency of the trial, the appellant was not on bail. P rima-facie, it appears that there is evidence of prosecutrix (PW-1) which is corroborated by the evidence of Mrs. Pallavi Gomase (PW-4) and independent panch witness. In view of presumption under Section 29 and 30 of the Protection of Children from Sexual Offences Act, 2012, we are of the prima-facie opinion that the appellant has not made out the case for suspension of sentence and grant of bail. The application is therefore,

3/3 8 appa 165.21.odt

rejected.

3. The appellant shall file private paper book within eight weeks from today. The appeal shall be listed for hearing after filing of the private paper book by the appellant and after the record and proceedings are received in this Court.

                                          JUDGE                               JUDGE
Manisha