Deepak Rambhau Dhavale vs The State Of Maharashtra And ...
2023 Latest Caselaw 2992 Bom

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

            44 CRIMINAL APPLICATION NO.1034 OF 2023
                      IN APEAL/227/2023

Deepak Rambhau Dhavale,                                   ...Applicant

                VERSUS

1. The State of Maharashtra

2. X.Y.Z.                                            ...Respondents

                                   ...
               Advocate for Applicant : Mr.Savant Vilas P.
                APP for Respondents-State : Ms. R.P.Gaur
                                   ...


                                 CORAM : R. G. AVACHAT, J.

                                 DATE     : 27.03.2023.

PER COURT :


1.              Heard. Issue notice to the respondents, returnable

on 10.04.2023. The learned APP waives service of notice for the

respondent No. 1-State.


2.              The applicant has been convicted by the Special

Judge and Additional Sessions Judge, Majalgaon, District Beed

for the offence punishable under Section 354 of the Indian

Penal Code and sentenced to suffer Rigorous Imprisonment for a




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period of one year and to pay fine of Rs. 2,000/-, in default to

suffer Simple Imprisonment for one month. The applicant is

further convicted under Section 354A(i) and (ii) of the Indian

Penal Code and under Section 7 and 8 punishable under

Section 42 of the Protection of Children from Sexual Offences

Act, 2012 and sentenced to suffer Rigorous Imprisonment for 3

years and to pay fine of Rs. 5,000/-, in default Simple

Imprisonment for 2 months. He is further convicted under

Sections 11 read with Section 12 of the Protection of Children

from Sexual Offences Act and sentenced to suffer Rigorous

Imprisonment for a period of 1 year and to pay fine of

Rs. 2,000/-, in default to suffer Simple Imprisonment for a

period of 1 month. He is further convicted under Section 506 of

the Indian Penal Code and sentenced to suffer Rigorous

Imprisonment for a period of 6 months and to pay fine of Rs.

1,000/-, in default to suffer Simple Imprisonment for 15 days.

All the substantive sentences shall run concurrently.


3.              The trial Court itself has suspended the applicant's

substantive sentences of imprisonment. It will take time for the

hearing the appeal. It being a short term sentence, it is a fit case

to allow the application. Hence the application is allowed in




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terms of following order :

                                       ORDER

(a)    Application is allowed.

(b)    Pending         the      appeal,       the   execution       of    substantive

sentences of imprisonment imposed upon the applicant by the

learned Special Judge and Additional Sessions Judge,

Majalgaon, in Special Case No. 24 of 2018, by the judgment and

order dated 10.02.2023, to stand suspended and the applicant

be released on bail on his executing P.R. bond in the sum of

Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the

like amount.

( R. G. AVACHAT ) JUDGE

mahajansb/