Yashwant Gangaramji Tayade vs The State Of Mah. Thr. Pso Ps Gadge ...
2022 Latest Caselaw 8673 Bom

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

                               CRIMINAL APPEAL NO. 569 of 2022
                         YASHWANT GANGARAMJI TAYADE
                                          VERSUS
       STATE OF MAH., THRU. P.S.O., P.S., GADGE NAGAR, AMRAVATI AND ANOTHER
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Office Notes, Office Memoranda of                          Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. Pankaj V. Navlani, Advocate for the appellant
                          Mrs. S. S. Jachak, A. P. P. for the respondent no.1/State

                                   CORAM : G. A. SANAP, J.

DATE : AUGUST 30, 2022.

1. Heard Mr. Pankaj Navlani, learned advocate for the appellant.

2. ADMIT.

3. Mrs. S. S. Jachak, learned Additional Public Prosecutor waives service on behalf of respondent no.1/State.

4. Issue notice of final hearing to the respondent no.2.

5. The in-charge of the concerned police station shall ensure service of notice on respondent no.2.

6. Call for the record and proceedings.

Criminal Application (APPA) No. 732 of 2022.

1. Heard Mr. Pankaj Navlani, learned advocate for the applicant.

2. Issue notice to the non-applicants, returnable after two weeks.

3. Mrs. S. S. Jachak, learned Additional Public Prosecutor waives notice on behalf of non-applicant no.1/State.

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4. The in-charge of the concerned police station shall ensure service of notice on non-applicant no.2.

5. Mr. Navlani, learned advocate for the applicant submits that the learned trial Judge, on the date of the judgment and order, has suspended the substantive sentence till filling of the appeal.

6. The appellant/applicant has challenged the judgment and order, dtaed 30.7.2022 passed by the learned Special Judge, Under POCSO Act, Amravati in Special (POCSO) Case No. 93/2017, whereby the applicant has been convicted for the offence punishable under Sections 354, 354-A(1)(i) of the Indian Penal Code and under Sections 8 and 12 of the Protection of Children From Sexual Offences (POCSO) Act, 2012. He is sentenced to suffer rigorous imprisonment for three years and to pay fine, on each count for his conviction under Sections 8 and 12 of the POCSO Act.

6. The service of the proceedings to the non-applicant no.2 would take some time. Therefore, in the meantime, it would be necessary to protect the applicant/appellant.

7. Accordingly, it is ordered that till the next date, the substantive sentence awarded by the learned trial Court, shall stand suspended, subject to the condition that the applicant/ appellant shall furnish PR bond in the sum of Rs.25,000/- with one surety of the like amount before the trial Court.

8. Stand over after two weeks.

9. This order shall remain in force till the next date.

Digitally signed byPARAG PRABHAKARRAO DIWALE JUDGE Diwale Signing Date:30.08.2022 17:57