Bombay High Court
Sachin Macchindranath Rangari vs State Of Maharashtra on 27 August, 2024
2024:BHC-NAG:9693
(1) 13.appa.806.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.806 OF 2024
IN
CRIMINAL APPEAL NO.458 OF 2024
Sachin s/o Macchindranath Rangari
Vs.
State of Maharashtra, Through Police Station, Gittikhadan Police Station,
District Nagpur
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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. A. G. Hunge, Counsel for the applicant/appellant.
Ms. H. N. Prabhu, APP for non-applicant /State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 27/08/2024
1. By preferring this application, the appellant
is seeking suspension of sentence and releasing him
on bail.
2. Learned Counsel appearing through video
conferencing submitted that the punishment imposed
is of a limited period. Moreover, the learned trial
Court has not considered the evidence and pointed
out from the impugned judgment that he has many
arguable points in the present appeal and the appeal
would take its own time for its final decision and in
the meantime, if the sentence is executed the
purpose of preferring the appeal would frustrate.
3. Learned APP strongly opposed the
application on the ground that the appeal itself is
(2) 13.appa.806.2024
devoid of merits and liable to be dismissed. In view
of that application deserves to be rejected.
4. After hearing the learned Counsel for the
appellant and learned APP for the State, perused the
impugned judgment from which learned Counsel for
the appellant pointed out that he has many arguable
points in the present appeal. Moreover, the
punishment imposed is of a limited period.
Undisputedly, the appeal would take its own time for
its final decision. In the meantime, if sentence is
executed the purpose of preferring the appeal would
frustrate. In view of that, the application deserves to
be allowed. Accordingly, I proceed to pass following
order:
ORDER
(i) The application is allowed.
(ii) The execution of the sentence
imposed in Special POCSO Case No.137/2013
is suspended till disposal of the appeal.
(iii) The appellant Sachin s/o
Macchindranath Rangari shall be released on
bail on executing PR Bond of Rs.25,000/- with
one solvent surety of the like amount.
5. Application is disposed of.
CRIMINAL APPEAL NO.458 OF 2024
(1) Heard.
(2) Admit.
(3) 13.appa.806.2024
(3) Learned APP waives service of notice for
the State.
(4) Call for record and proceedings.
(5) Appeal be listed after preparation of the
paper book.
(URMILA JOSHI-PHALKE, J.)
Sarkate
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 29/08/2024 18:07:34
