Chandrakant Maruti Shinde @ ... vs The State Of Maharashtra
2022 Latest Caselaw 1386 Bom

                                                                                8. Ia-30-2020-in-Apeal-16-2020.doc




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                                      CR. APPEAL NO. 16 OF 2020
                                                               WITH
                                                 INTERIM APPLICATION NO. 30 OF 2020

                              Chandrakant Maruti Shinde @ Chandu                     ...Appellant/
                                                                                     Applicant
                                   Versus
                              The State Of Maharashtra                               ...Respondent

                                                                        ....
                              Mr. Jay J. Chheda, Advocate for the Appellant/ Applicant.

                              Ms. P. N. Dabholkar, APP for the Respondent - State.

                              Mr. Chandrakant Maruti Shinde @ Chandu Appellant/Accused
                              Present Through Video Conferencing.

                                                      CORAM     :        PRAKASH D. NAIK, J.

                                                      DATE      :        9th FEBRUARY, 2022.

                              PER COURT:

1. The applicant has been sentenced to suffer

imprisonment of five years for offence under Section 10 of the

Protection of Children from Sexual Offences Act, 2012 (for

short 'POCSO Act') vide judgment and order dated 23 rd

October, 2019.

2. The appeal is pending before this Court since

2020. The appeal and applications for suspension of sentence

of imprisonment were not pursued. Learned APP had sought

instructions from the jail about the period of sentence

Digitally signed SAJAKALI by SAJAKALI LIYAKAT Sajakali Jamadar 1 of 3 LIYAKAT JAMADAR Date:

JAMADAR    2022.02.11
           11:03:37 +0530

8. Ia-30-2020-in-Apeal-16-2020.doc

undergone by the appellant/applicant.

3. Today learned Advocate Mr. Jay Chheda appeared

and submitted that he has no instructions to appear in the

matter and the papers were returned to the wife of the

appellant.

4. Learned APP took instructions from the Jail

Authority, Nagpur Central Prison and Video Conferencing

with the appellant has been arranged. Appellant/accused is

present through Video Conferencing. On inquiry with him he

submitted that he is completing the sentence of imprisonment

shortly and he would be out of jail in the next month. He is

not interested in pursuing the appeal.

5. In these circumstances, the jail officials were

requested to record the statement of the appellant in that

regard and submit the statement to the office of learned APP,

High Court, Mumbai.

6. The office of Public Prosecutor and the learned

APP received the communication from Jail Authority, Nagpur

Central Prison in the form of the application written by

appellant stating that the appellant has been convicted for

offence under the POCSO Act and sentenced to suffer

imprisonment for 5 years. The appellant had preferred an

Sajakali Jamadar 2 of 3

8. Ia-30-2020-in-Apeal-16-2020.doc

appeal before this Court and since he will be released from jail

after undergoing sentence of imprisonment, he is not

interested in pursuing this appeal and the same may be

disposed of as withdrawn. The report is taken on record and

marked as "X" for identification.

7. In view thereof, Criminal Appeal No.16 of 2020

and Interim Application No.30 of 2020 stand disposed of as

withdrawn.

                                        (PRAKASH D. NAIK, J.)




Sajakali Jamadar                   3 of 3