Nitin/Nitesh S/O Dnyaneshwar ... vs The State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 5600 Bom

                                                                       5 Appeal-371-2022.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR
                       CRIMINAL APPEAL NO.371 OF 2022.
(Nitin/Nitesh Dnyaneshwar Chichghate .Vs. The State of Maharashtra and
                                Anr.)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                      Court's or Judge's order
and Registrar's orders.
                   Shri. D. B. Ambade, Advocate for Appellant.
                   Shri. A. R. Chutke, APP for Respondent No.1/State.



                  CORAM : AVINASH G. GHAROTE, J.

                  DATE          : 20th JUNE, 2022.

                  .       Heard learned Counsel for Appellant.

2. Since the conviction is under Section 7 punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012, learned Counsel for Appellant to add the victim as party Respondent No.2. The same be done today itself.

3. Issue notice to the Respondents, returnable on 04.07.2022.

4. Learned APP waives notice for Respondent No.1 and shall ensure that the service upon Respondent No.2 is effected by the returnable date.

Later on

5. Criminal Application (APPA) No.448 of 2022 seeks suspension of sentence and release the appellant on bail.

5 Appeal-371-2022.odt

6. Mr. D. B. Ambade, learned counsel for the appellant submits that by an order dated 21.5.2022, the learned trial Court has suspended the sentence for 30 days, which is expiring today. He therefore submits, that till the returnable date the effect of the order dated 21.5.2022 passed by the learned Sessions Court be continued.

7. A perusal of the impugned judgment would indicate that appellant has been convicted under Section 7 punishable under Section 8 of the Protection of Children from Sexual Offences Act (POCSO) and for the offence punishable under Section 354(A)(1)(i) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000/-, in default simple imprisonment for one month. Learned counsel for the appellant submits that the fine has been paid. Considering the quantum of sentence and the fact that the learned Sessions Court has already deemed it appropriate to suspend the sentence for a period of 30 days, the sentence imposed by the learned trial Court by the impugned order is suspended till the returnable date, on the same terms as are contained in the order dated 21.5.2022 passed by the learned Sessions Court.

JUDGE Sarkate

Digitally signed byANANT R SARKATE Signing Date:20.06.2022 19:43