Premkumar S/O. Sukhdeo Bansode vs The State Of Maharashtra And ...
2023 Latest Caselaw 4838 Bom

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

           941 CRIMINAL APPLICATION NO.1128 OF 2022
                      IN APEAL/26/2018


Premkumar s/o Sukhdeo Bansode                        ...Applicant

            VERSUS

1. The State of Maharashtra

2. X                                             ...Respondents

                                  ...
         Advocate for Applicant : Mr.Salunke Sudarshan J.
            APP for Respondent State : Mr.A.A.Jagatkar
          Advocate for Respondent No. 2 : Mr. Y.P. Jadhav
                                  ...

                                CORAM : R. G. AVACHAT, J.

                                 DATE    : 04.05.2023.
OPERATIVE ORDER :

1. The appeal has been reserved for the judgment. The

Court has perused the evidence. It prima-facie appears that

the applicant's/appellant's position as Police Sub Inspector was

in no way, connected with the offence in question. On merits,

the applicant may be convicted for the offence punishable under

Section 4 of the Protection of Children from Sexual Offence Act,

I.e. for the offence of penetrative sexual assault. The offence

took place way back in 2016.

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2.              As      against   ten   years   of    imprisonment,              the

applicant/appellant is behind the bars for about 6 years and 8

months and in terms of remission, he is behind the bars for

little over 7 years and 1/2 months. This Court, therefore, finds

that this is a fit case to suspend the execution of substantive

sentence, pending the decision of this appeal.

3. In view of the same, the execution of substantive

sentence of imprisonment stands suspended.

4. The appellant shall execute a P.R. bond in the sum

of Rs. 15,000/- (Rs. Fifteen Thousand) and a surety bod in the

like amount.

( R. G. AVACHAT ) JUDGE

mahajansb/