Yadavrao S/O Arjunrao Dongre vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 16019 Bom

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

                           CRIMINAL APPLICATION (APPA) NO. 487 OF 2021
                                                             IN
                                    CRIMINAL APPEAL NO. 349 OF 2021
                                         Yadavrao S/o. Arjunrao Dongre
                                                             Vs.
                                                State of Maharashtra
              ------------------------------------------------------------------------------------------------
              Office Notes, Office Memoranda of                            Court's or Judge's Order
              Coram, appearances, Court's Orders
              or directions and Registrar's order
                               Shri A. S. Londhe, Advocate for applicant.
                               Shri M. J. Khan, A.P. P. for non-applicant/State.


                                                CORAM :-         M. S. SONAK AND
                                                                 PUSHPA V. GANEDIWALA, JJ.

DATED :- 18.11.2021

Heard Shri A. S. Londhe, learned counsel for the applicant and Shri M. J. Khan, learned A.P.P. for State.

2. This is an application for suspension of sentence that has been imposed upon the applicant vide judgment and order dated 09.06.2021.

3. The applicant has been convicted inter alia for the offense punishable under Section 376(2)(f) of the Indian Penal Code as also Section 3(b) r/w. Section 4 and Section 5(m)(n) r/w. Section 6 of the Protection of Children from Sexual Offences Act and sentenced to suffer life imprisonment.

4. There is no doubt that the applicant was not enlarged on bail in the course of the trial. The applicant has been convicted for serious offense and on account of

RR Jaiswal

2 3-apeal-349-21.odt

conviction, even the presumption of innocence which would normally apply would no longer available. We have considered the the ground urged by Shri Londhe, learned counsel for the applicant. He submitted that the conviction is not proper and further, the applicant is an aged person. He also urged that the applicant is a poor person.

5. According to us, these are not, at least in the facts of the present case, valid grounds to suspend the sentence. Based on such grounds, however, we can consider to expedite the hearing of Criminal Appeal No. 349/2021.

6. Accordingly, the application for suspension of sentence is hereby rejected. However, we expedite the hearing of Criminal Appeal No. 349/2021.

7. The Registry is directed to ensure that the paper-book in this appeal is prepared latest by 31.01.2022 and soon thereafter the appeal is posted for final hearing.

(PUSHPA V. GANEDIWALA, J.) (M. S. SONAK, J.)

RR Jaiswal