Bombay High Court
Dipak S/O Tukaram Thaware vs Sate Of Mah. Thr. Pso Butibori ... on 18 October, 2022
Bench: G. A. Sanap
1/3 32-APPA 510.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO. 510 OF 2022
IN
CRIMINAL APPEAL NO. 417 OF 2022
Dipak Tukaram Thaware vs. State of Maharashtra and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. S. G. Karmarkar, Advocate for applicant.
Ms. Kalyani Deshpande, APP for respondent No.1 State.
Ms. Seema Dhotre, Advocate(Appointed) for respondent
No.2.
CORAM : G. A. SANAP J.
DATE : 18/10/2022
This is an application for suspension of
substantive sentence. The accused is convicted for
the offence punishable under Section 8 of the
Protection of Children from Sexual Offences Act,
2012 (hereinafter referred to as 'POCSO Act') and
sentenced to suffer rigorous imprisonment for three
years and to pay fine of Rs.5000/- and in default to
suffer further rigorous imprisonment for three
months.
2. The learned trial Judge on the date of the
judgment and order was pleased to suspend the
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substantive sentence. It is seen from the record that
the appellant has deposited the fine.
3. This Court on the first date of hearing of
this appeal by way of ad-interim order suspended the
substantive sentence. Perusal of the record would
show that hearing of the appeal would take its own
time. There is no grievance of misuse of the liberty
by the appellant during the pendency of the trial.
4. The learned Advocate for the respondent
No.2 submits that the appellant is the neighbor of the
victim and if he is granted freedom by suspending the
sentence, the possibility of commission of the same
crime cannot be ruled out.
5. In my opinion, on the basis of this
submission, the prayer made in this application
cannot be rejected. But, at the most an appropriate
condition to safeguard the interest of the victim and
her family members can be imposed.
6. Accordingly, the application is allowed.
7. The ad-interim order suspending the
sentence is confirmed on the same terms and
conditions.
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3/3 32-APPA 510.2022
8. The applicant/accused is ordered to be
released on bail on the basis of the same surety
submitted pursuant to the order of this Court.
9. The applicant/appellant during the
pendency of the appeal shall not pressurize or
threaten the victim and her family members.
10. Application is disposed of.
CRIMINAL APPEAL NO. 417 OF 2022
Admit.
2. Call Record and Proceedings.
3. Issue notice to the respondents, returnable
in four weeks.
4. The learned APP waives service of notice
on behalf of respondent No.1. The learned
Advocate(appointed) Ms.Seema Dhotre waives
service of notice on behalf of respondent No.2.
JUDGE
Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:19.10.2022
17:46
KOLHE
