Nitin/Nitesh S/O Dnyaneshwar ... vs The State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 11632 Bom

                                                 1                     47.apeal.371.2022.odt

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

                  CRIMINAL APPEAL (APEAL) NO. 371 OF 2022
            Nitin/Nitesh S/o. Dnyaneshwar Chichghate .vs. The State of Maharashtra
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
     Mr. D. B. Ambade, Advocate for the appellant
     Mr S. A. Ashirgade, APP for State/respondent No.1
     Ms S. S. Dhore, Adv. h/f. Ms S. H. Bhatia, Advocate (appnt.) for respondent
     No.2


                                  CORAM : G.A. SANAP, J.

DATE : NOVEMBER 15, 2022.

Heard.

2. ADMIT.

3. Call for record and proceedings.

CRIMINAL APPLICATION NO. 448 OF 2022

4. This is an application for suspension of substantive sentence. The appellant stands convicted for the offences punishable under Sections 7 and 8 of the Protection of Children From Sexual Offences Act and the offence punishable under Section 354 (A)(1)(i) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years. He is further sentenced to pay fine of Rs.2000/- and in default simple imprisonment for one month. Considering the quantum of sentence, on the date of impugned judgment and 2 47.apeal.371.2022.odt

order, the substantive sentence was suspended by the learned trial Judge. The grounds of challenge to the impugned judgment and order have been set out in the appeal. Considering the quantum of a substantive sentence, this Court by order dated 20.06.2022 was convinced to suspend the sentence till disposal of the application. I have perused the record and proceedings. Learned Advocate for the appellant submits that fine amount of Rs.2000/- has been deposited in the trial Court. In view of the facts and circumstances, the application is allowed. The substantive sentence, awarded as per the impugned judgment and order, shall remain suspended on same terms and conditions as imposed by the learned trail Court till pendency of the appeal.

5. Advocate Ms S. H. Bhatia is appointed to represent respondent No.2. In this application her fees is quantified at Rs.3000/- only.

6. The application stands disposed of accordingly.

(G. A. SANAP, J.) Namrata

Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur Signing Date:15.11.2022 17:32