Bombay High Court
Ravindra Alias Ravi Shyamrao Ahir vs State Of Maharashtra Through Police ... on 27 August, 2024
(1) 14.appa.809.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.809 OF 2024
IN
CRIMINAL APPEAL NO.460 OF 2024
Ravindra @ Ravi Shyamrao Ahir and others
Vs.
State of Maharashtra, Through Police Station Officer, Sonala,
District Buldhana
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. S. I. Ghatte, Counsel for applicants.
Mr. K. R. Lule, APP for non-applicant /State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 27/08/2024
1. By this application, the applicants are
seeking suspension of sentence and releasing them
on bail.
2. The learned Counsel for the applicants
submitted that the applicants were prosecuted for the
offences punishable under Sections 354, 354-A,
354-D and 506 read with Section 34 of the Indian
Penal Code, under Section 8 of the Protection of
Children from Sexual Offences Act and under Section
3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act.
3. After recording the evidence and after
hearing both the sides, the accused No.1 is convicted
for the offences punishable under Sections 354,
354-A, 354-D and 506 of the Indian Penal Code and
(2) 14.appa.809.2024
under Section 8 of the Protection of Children from
Sexual Offences Act. The accused Nos.2 and 3 are
convicted for the offences punishable under Sections
354-D and 506 read with Section 34 of the Indian
Penal Code. The maximum punishment imposed on
the accused No.1 is of three years and accused Nos.2
and 3 is of six months.
4. Learned Counsel for the applicants
submitted that the learned trial Court has not
appreciated the evidence in proper perspective and
pointed out that he has many arguable points in the
present appeal. Moreover, the punishment imposed
is of a limited period. In view of that, the sentence
be suspended otherwise the purpose of preferring the
appeal would frustrate.
5. Learned APP strongly opposed the said
application on the ground that the applicants have
not made out a case for suspension of sentence and
prayed for rejection of the application.
6. After hearing the learned Counsel for the
applicant and learned APP for the State, perused the
impugned judgment, from which it reveals that the
maximum punishment imposed on the accused No.1
is of three years and accused Nos.2 and 3 of six
months. Thus, limited period punishment is imposed.
The appeal would take its own time for its final
disposal. In the meantime, if sentence is executed,
admittedly the purpose of preferring the appeal
(3) 14.appa.809.2024
would frustrate. In view of that, the application
deserves to be allowed. Accordingly, I proceed to
pass following order:
ORDER
(i) The Criminal application is allowed.
(ii) The execution of the sentence
imposed in Special Case Child Prot.
No.40/2018 is suspended, till disposal of the
appeal.
(iii) The applicant No.(1) Ravindra @
Ravi Shyamrao Ahir, No.(2) Vishal
Ananda Dhundale and No.(3) Sanjay
Mannan @ Manohar Ingale shall be
released on bail on executing PR Bond in the
sum of Rs.25,000/- each with one solvent
surety of the like amount.
7. The application is disposed.
CRIMINAL APPEAL NO.460 OF 2024
1. Heard.
2. Admit.
3. Learned APP waives service of notice for
the State.
4. Call for record and proceedings.
5. Appeal be listed before this Court after
preparation of the paper book.
(URMILA JOSHI-PHALKE, J.)
Sarkate
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 28/08/2024 17:10:22
