Roshan S/O Sukhdeo Parate vs The State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 5327 Bom

                                                          1                           54.APEAL.145-2022.odt




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

                             CRIMINAL APPEAL NO. 145 OF 2022
                                     ( Roshan S/o Sukhdeo Parate
                                                  Vs.
                                      State of Maharashtra & Anr. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or     directions and
Registrar's orders


                                   Mr. P.R. Agrawal, Advocate for the Appellant.
                                   Mrs. Mayuri Deshmukh, A.P.P. for the Respondent No.1/State.
                                   Mrs. Shilpa P. Giratkar, Advocate (Appointed) for the Respondent No.2.


                                   CORAM:        AVINASH G. GHAROTE, J.

DATED : 13th JUNE, 2022.

Heard Mr. Agrawal, learned counsel for the appellant and Mrs. Deshmukh, learned APP for the respondent No.1/State assisted by Mrs. Giratkar, learned counsel appointed for the respondent No.2.

2. Criminal Application (APPA) No.184/2022, seeks suspension of sentence and grant of bail. The appellant has been convicted for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012, by the learned Special Court, Chandrapur, by the impugned judgment. The appeal has been admitted on 14.03.2022.

3. Mr. Agrawal, learned counsel for the appellant submits, that throughout the trial, after filing of the charge-sheet, the appellant was on bail from 2 54.APEAL.145-2022.odt

16.05.2017 till the date of the judgment. He further submits, that though it is claimed, that the date of birth of the victim was claimed to be 08.08.2002, no document to ascertain her birth was collected by the Investigating Officer (PW-8). It is only in her chief, that the victim (PW-2) had brought a certificate claimed to have been issued by the Gram Panchayat, which according to him has not been proved as per law, and therefore, reliance upon the said certificate by the learned Special Court to hold that the victim was a minor was not justified. Considering, that the appellant was on bail during the course of the trial and the issue raised regarding the date of birth of the victim, a case for suspension of sentence and bail is made out, considering which, the sentence imposed by the learned Special Court, Chandrapur, by the impugned judgment, is hereby suspended and the appellant be released on bail on his executing P.R. Bond in the sum of Rs. 50,000/- and two solvent sureties of the like amount.

4. The Criminal Application (APPA) No.184/2022 is allowed and disposed of accordingly.

                                                                  JUDGE

Digitally Signed By
:SHRIKANT DAMODHAR
BHIMTE       SD. Bhimte
Signing Date:13.06.2022