Bombay High Court
Rajesh S/O. Suresh Chinchole vs State Of Mah. Thr. Pso Ps Pulgaon Wardha on 24 January, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
1 apeal38.24.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO.38 OF 2024
(Rajesh s/o Suresh Chinchole Vs. State of Maharashtra thr. PSO Ps Pulgaon, Wardha)
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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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Mr. M. N. Ali, Advocate for Appellant.
CORAM: M. W. CHANDWANI, J.
DATE: 24th JANUARY, 2024.
Heard.
2. Admit.
3. Issue notice to the respondent, returnable within
two weeks.
4. Mr. N. B. Jawade, learned A.P.P. waives service
of notice on behalf of the respondent/State.
5. Call for record and proceedings.
CRIMINAL APPLICATION (APPA) NO.82/2024:
Heard.
2. By this application, the applicant seeks
suspension of the substantive sentence pending the appeal.
3. The Special Judge, POCSO Court, Wardha vide
judgment and order dated 29.12.2023 in Special Case
No.11/2021 convicted the applicant for the offences
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punishable under Sections 452, 354, 324 and 506 of the
Indian Penal Code and Section 8 of the Protection of
Children from Sexual Offences Act, 2012 (for short POCSO
Act) and sentenced to suffer rigorous imprisonment for
three years and to pay fine of Rs.3000/- and in default to
suffer further simple imprisonment for three months.
4. It is submitted on behalf of the learned counsel
for the applicant that the applicant has good chance to
succeed in the appeal. The applicant was on bail during
trial. The punishment is for a fixed term of three years and
Court has directed the substantive sentences shall run
concurrently.
5. The learned APP submits that after evidence the
applicant has been convicted and sentenced to suffer the
aforesaid punishment. Hence, sought rejection of the
application.
6. The punishment imposed by the trial court is
relatively short and for a fixed period of three years.
Considering the pendency, the appeal may not be heard in
near future. The learned counsel for the applicant makes a
statement that the applicant has already paid the fine
amount. Considering the quantum of punishment and
material available on record, a case is made out for
suspension of sentence. Hence, the following order:
[i] The application is allowed.
[ii] During the pendency of the appeal, the
substantive sentence passed by the learned
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Special Judge, POCSO Court, Wardha vide
judgment and order dated 29.12.2023 in
Special Case No.11/2021 shall remain
suspended.
[iii] The applicant shall be released on bail on
furnishing P.R. bond in the sum of
Rs.50,000/- with one solvent surety in the
like amount.
[iv] The applicant shall appear before this Court
at the time of final hearing of the appeal.
The Registry is directed to process the appeal as
per rule.
JUDGE
NSN
Signed by: Mr. N.S. Nikhare
Designation: PA To Honourable Judge
Date: 25/01/2024 17:41:31
