Bombay High Court
Mahadeo Dagadu Jondhale vs The State Of Mah. Thr. Pso Ps Balapur ... on 22 January, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APPA) NO.31 OF 2024
IN
CRIMINAL APPEAL NO.114 OF 2022
(Mahadeo Dagadu Jondhale Vs. State of Maharashtra thr. the Officer-in-Charge,
Police Station, Balapur, Dist. Akola and another)
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Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
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Ms. F. N. Haidari, Advocate for Applicant.
Mr. A. M. Kadukar, APP for Non-Applicant No.1/State.
CORAM: M. W. CHANDWANI, J.
DATE: 22nd JANUARY, 2024.
The applicant has preferred the appeal
challenging the judgment and order of conviction dated
20.01.2022 passed by the Special Judge in Special (POCSO)
Case No.14/2018. Along with the appeal the applicant has
also filed application for suspension of substantive sentence
during pendency of the appeal.
2. The applicant has been convicted for offence
punishable under Section 10 of the Protection of Children
from Sexual Offences Act, 2012 (for short POCSO Act) and
he has been sentenced to suffer rigorous imprisonment for
five years and to pay fine of Rs.10,000/-. The applicant was
also convicted for offence punishable under Section 12 of
the POCSO Act and sentenced to suffer rigorous
imprisonment for three years and to pay fine of Rs.10,000/-
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likewise the applicant is further convicted for offence
punishable under Section 354 (B) of the IPC and sentenced
to suffer rigorous imprisonment for three years and to pay
fine of Rs.10,000/-.
3. It is contended by the learned counsel for the
applicant that the applicant is old aged person who has
completed age of 83 years. Though the offence of
penetrative sexual assault has been alleged, the said charge
failed and the applicant has been convicted for aggravated
sexual assault and has been sentenced for fixed term and he
has already undergone half of the punishment. The appeal
will take considerable time hence, he seeks suspension of
the sentence.
4. The learned APP opposed the application and
suspension of the sentence. Perusal of judgment reveal that
the applicant has been convicted for aggravated sexual
assault on child.
5. The applicant has been convicted for fixed term
of five years. The applicant was on bail during the trial. It is
not in dispute that the applicant is old aged person of 83
years, sentence is for fixed term of five years out of which he
has already undergone more than half of the sentence.
The appeal may not be heard in near future. In case of
succeeding in the appeal, the position will not be reversible.
6. Considering the age and the fact that more than
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half of the sentence he has already undergone, a case is
made out for suspension of sentence, pending the appeal
and the substantive sentence passed in Special (POCSO)
Case No.14/2018 shall remain suspended.
7. The applicant shall pay fine amount, if not paid,
within four weeks.
8. The applicant shall be released on bail on
furnishing P.R. bond in the sum of Rs.15,000/- with one
solvent surety in the like amount.
9. The applicant shall appear before this Court on
the date of final hearing of appeal.
10. The application is allowed and disposed of.
JUDGE
NSN
Signed by: Mr. N.S. Nikhare
Designation: PA To Honourable Judge
Date: 23/01/2024 18:36:26
