Sunil Devidas Wahul vs The State Of Maharashtra And ...
2023 Latest Caselaw 4672 Bom

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

           971 CRIMINAL APPLICATION NO.3753 OF 2022
                      IN APEAL/296/2023

Sunil s/o Devidas Wahul                           ...Applicant

             VERSUS

1. The State of Maharashtra

2. XYZ                                            ...Respondents

                              ...
 Advocate for Applicant : Mr. M.S.Karad h/f Mr. A.S. Bangar
         APP for Respondent State : Mr.A.A.Jagatkar
Advocate for Respondent No. 2 : Ms.Tandale Rani R.(appointed)
                              ...

                                 CORAM : R. G. AVACHAT, J.
                                 DATE : 03.05.2023.
PER COURT :


1.              Heard.


2.              This is an application for suspension of execution of

substantive sentence imposed by the learned Special Judge

(POCSO), Aurangabad in Special Case (POCSO) No. 56 of 2015

by its judgment and order dated 04.05.2022.


3.              At the relevant time, the applicant was just 20 years

of age. The victim is said to have been little over 14 years of

age. Both of them were emotionally involved. They had eloped




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and stayed together as husband and wife. The appeal is of this

year. It will take time for the appeal to come up for hearing by

its turn. The applicant was on bail pending trial. It is informed

that the victim is married, now blessed with two children and

leading happy married life.


4.              Although learned APP has strong objection to grant

suspension of substantive sentence, the fact is that the appeal

is not likely to be heard in the immediate future. The experience

of this assignment shows, in not less than three matters, the

convicts had already undergone the entire sentence and even

then, their appeal did not have their turn for hearing on merit.

In a few matters, the appellant who had already undergone

three-forth        of    the   sentence,   have   been       acquitted.         Their

applications for suspension of sentence had already been

rejected.


5.              In view of the same the application is allowed in

terms of the following order :

                                     ORDER

(a) The application is allowed.

(b) Pending the appeal, the execution of substantive sentences of imprisonment imposed upon the applicant

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by the learned Special Judge (POCSO), Aurangabad in Special Case (POCSO) No. 56 of 2015 by its judgment dated 04.05.2022 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 each in the like amount.

(c) The fees of the learned Advocate to represent respondent No. 2 be quantified for Rs. 7,000/- (Rs. Seven Thousand).

(d) The applicant be released forthwith.

( R. G. AVACHAT ) JUDGE

mahajansb/