Golu @ Shuddhodan S/O Ashok Ingle vs State Of Mah. Thr. Pso Channi Tq. ...
2021 Latest Caselaw 15047 Bom

Order                                                                                             23appa596
                                                     1

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

                 CRIMINAL APPLICATION (APPA) NO. 596/2021 IN
                        CRIMINAL APPEAL NO. 427/2021
           (Golu @ Shuddhodan S/o Ashok Ingle Vs. State of Maharashtra)

Office notes, Office Memoranda of
Coram, appearances, Court's orders                              Court's or Judge's Orders
or directions and Registrar's orders.

                                         Shri A. S. Londhe, Advocate for applicant.
                                         Shri A. R. Chutke, APP for non-applicant/State.




                                                         CORAM : VINAY JOSHI, J.

DATE : 14.10. 2021.

Heard.

2. This is an application seeking

suspension of execution of sentence passed in

Special (Children Protection) Case No. 114/2019.

The Trial Court held applicant/accused guilty for

offence punishable under Section 354-A(1)(i) of

the Indian Penal Code along with Sections 7 read

with Section 8 of the Protection of Children from

Sexual Offences Act, 2012 ('POCSO Act). The

applicant was sentenced to suffer rigorous

imprisonment for 3 years along fine of Rs. 2000/-.

Order 23appa596

3. Learned counsel for applicant submits

that the Trial Court has failed to appreciate the

evidence in proper perspective. He would submit

that the Trial Court has not considered the

admission given by witness in cross-examination.

With the assistance of both sides, I have gone

through the record as well as impugned judgment.

Prima facie, the applicant has case for re-

appreciation.

4. It is brought to the notice that the

applicant is in Jail since 23.08.2019 till date. The

Trial Court has imposed maximum sentence of

imprisonment for 3 years, out of which, the

applicant has already undergone imprisonment for

two years and two months. The appeal will take

its own time for disposal. Particularly having

regard to the fact that the applicant has served

major portion of sentence, his application for

suspension of execution of sentence deserves to be

allowed on this point. In view of that execution of

Order 23appa596

substantive sentence passed in Special (Children

Protection) Case No. 114/2019 stands suspended

till the disposal of appeal. In the meantime,

applicant is released on bail on his furnishing P.R.

Bond of Rs. 25,000/- with one surety in the like

amount.

5. Depositing fine of Rs. 2000/- shall be

the condition president for his release.

6. The Trial Court shall ensure about

deposit of fine amount before issuing release

order.

JUDGE

Gohane.