Vilas S/O Vasantrao Nimbarte vs State Of Mha. Thr. Pso Ps Shanti ...
2021 Latest Caselaw 16375 Bom

                                               1                                        6 appeal 484.2021

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

                             CRIMINAL APPEAL NO. 484 OF 2021

                                      Vilas s/o Vasantrao Nimbarte
                                                   ..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 A.K. Bhangde, Advocate for appellant/applicant.
                                Shri H.D. Dubey, A.P.P. for respondent/State.

                                             CORAM : VINAY JOSHI, J.

DATED : 25/11/2021

Heard. ADMIT.

2. Issue notice to the respondent/State.

3. Learned A.P.P. waives notice for the respondent/State.

4. Call for the Record and Proceedings.

CRIMINAL APPLICATION (APPA) NO. 658 OF 2021

Heard.

2. This is an application seeking suspension of execution of sentence passed in Special POCSO Case No.52 of 2019 by the Extra Joint District Judge-1 and Additional Sessions Judge, Nagpur vide judgment and order dated 22.10.2021.

                                3.           The      Trial     Court          has      convicted         the


                                           2                                    6 appeal 484.2021

                               applicant/appellant       (accused)       for     the      offence

punishable under Sections 354 and 342 of the Indian Penal Code. The maximum sentence is to undergo rigorous imprisonment for three years along with total fine of Rs.1500/-. Entire fine amount has been deposited in the Trial Court. By way of filing separate Pursis, it is informed that the Trial Court has suspended the execution of sentence on the date of conviction itself.

4. Having regard to this fact, execution of substantive sentence passed in Special POCSO Case No.52 of 2019 by the Extra Joint District Judge-1 and Additional Sessions Judge, Nagpur vide judgment and order dated 22.10.2021 stands suspended till the final disposal of the appeal.

5. In the meantime, the applicant/appellant Vilas s/o Vasantrao Nimbarte shall be released on bail upon same terms and conditions as imposed by the Trial Court.

6. The applications stands disposed of accordingly.

JUDGE Trupti