Vishal Nilesh Modak vs State Of Maharashtra And Anr
2023 Latest Caselaw 2416 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL APPEAL NO.269 OF 2023
                                   WITH
                 INTERIM APPLICATION NO.936 OF 2023


Vishal Nilesh Modak                          ..     Appellant
                       Versus
The State of Maharashtra & Anr.              ..     Respondents


                              ...
Mr.Abhijit A. Tambe for the Appellant/Applicant.
Ms.Anamika Malhotra, A.P.P. for the State.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 13th MARCH, 2023

P.C:-

1. The Appellant/Applicant is convicted for the offences punishable under Section 354A(1)(i) & (ii) of the IPC and Section 8 of the POCSO Act and is sentenced to suffer R.I. for a period of 3 years and to pay a fne of Rs.1,000/-, in default to suffer S.I. for 15 days.

The said Judgment is assailed by fling an Appeal under Section 374(2) of Cr.P.C. and an application is fled therein for suspension of sentence and seeking his release on bail.

2. Since the provision of the POCSO Act is invoked, let the Investigating Offcer serve notice upon respondent No.2,

M.M.Salgaonkar

2/2 7 APEAL-269-23.odt

intimating about her impleadment in the application and apprising of her right to be represented before this Court, either in person or though the counsel of her choice or through the counsel appointed by the Court. The Investigating Offcer shall intimate her that the application shall be taken up for hearing by this Court on 21/03/2023.

3. Re-notify to 21/03/2023.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar