Pawan Sopanrao Ghuge vs The State Of Maharashtra And Anr
2022 Latest Caselaw 4060 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO.1223 OF 2022
                                                   IN
                                     CRIMINAL APPEAL NO.383 OF 2022


                      Pawan Sopanrao Ghuge                        .. Applicant/Appellant
                            Versus
                      State of Maharashtra and Anr.               .. Respondents

                                                      ......
                      Mr.Piyush Toshnival i/b. Mr.haral S. Patil, Advocate for the Applicant/
                      Appellant.

                      Mr.S.V. Gavand, APP for the Respondent - State.
                                                      ......
                                                    CORAM :     PRAKASH D. NAIK, J.

                                                      DATED :     APRIL 18, 2022.

                      P.C. :

Issue notice to respondent no.2, returnable on 29 th April, Digitally signed by RAJESHRI 2022.

RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2022.04.20
         12:05:33
         +0530        2           Spare copy be supplied in Registry for issuing notice to

                      respondent no.2.


                      3           Intimation about the hearing of this Appeal be given to

respondent no.2, through concerned police station.

4 The applicant has been convicted for the offence

punishable under Section 363 of Indian Penal Code ("IPC", for short), rpa 2/3 6 ia 1223 2022.doc

and, sentenced to suffer rigorous imprisonment for two years. He is

also convicted for the offence punishable under Sections 354, 354-

A(i) of IPC, and, Section 8 of Protection of Children from Sexual

Offences Act, 2012 ("POCSO Act", for short) and, sentenced to suffer

imprisonment for three years. He is acquitted for the offence

punishable under Sections 4, 6 and 10 of POCSO Act.

5 The applicant/appellant was on bail during the trial. The

sentence of imprisonment has been suspended by the trial Court on

the day of conviction for a period of two months. The period of two

months is expiring today.

6 Considering the aforesaid facts, by way of interim relief,

the substantive sentence of imprisonment can be suspended till the

next date of hearing.

7 The substantive sentence imposed vide judgment and

order dated 18th February, 2022, passed by Extra Joint Additional

Sessions Judge, Pune, in Special Case (POCSO) No.385 of 2017, is

suspended and the applicant/appellant is directed to be released on

bail on executing P.R. Bond in the sum of Rs.15,000/-, with one or

more sureties in the like amount.

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8          This interim protection is granted till the next date of

hearing.


                                  (PRAKASH D. NAIK, J.)