Vishal Suresh Valantra vs State Of Maharashtra And Anr
2023 Latest Caselaw 11376 Bom

                                                                       (13)Apeal-1207-2023.doc


rajshree


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION
                                   CRIMINAL APPEAL NO.1207 of 2023
                                                 WITH
                               INTERIM APPLICATION NO.4028 OF 2023
                                                     IN
                                  CRIMINAL APPEAL NO.1207 OF 2023


            Vishal Suresh Valantra                             ]       ..       Appellant
                    vs.
            State of Maharashtra & Anr.                        ]       ..       Respondents

Mr.Nadeem Shaikh, for the Appellant.

Mr.Y.M. Nakhwa, APP for the State.

                                          CORAM : BHARATI DANGRE, J

                                          DATE   :        6th November, 2023.

            P.C.

            1]      Admit.
                    Issue notice to Respondents.

The learned APP waives service of notice.

The notice shall be served to Respondent No.2, informing about the Appeal filed by the Appellant assailing the Judgment passed in Special POCSO Case No.22/2014, being admitted.

2] Interim Application No.4028/2023 seek suspension of sentence and release of the Applicant on bail, pending hearing of the Appeal.

(13)Apeal-1207-2023.doc

Since the offence invoked is under the provisions of POCSO Act, though the charge under the POCSO Act was not proved, by way of precaution, issue notice to Respondent No.2, by making the same returnable on 07.12.2023.

The notice shall be served through the Investigating Officer, who shall apprise her about her right to remain present personally at the time of hearing, or through the advocate of her choice or the advocate to be appointed through legal aid.

3] Since by order dated 31.07.2023, the Applicant was directed to be released on bail and sentence of imprisonment is suspended, the same order shall continue to operate till next date of hearing.

[BHARATI DANGRE, J]