Dipak Gopichand Meshram vs State Of Mah. Thr. Pso Ps Adyal, Tah. ...
2024 Latest Caselaw 6961 Bom

Bombay High Court

Dipak Gopichand Meshram vs State Of Mah. Thr. Pso Ps Adyal, Tah. ... on 4 March, 2024

                                                             1                                          appa482.23.O.odt


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH, NAGPUR

                    CRIMINAL APPLICATION (APPA) NO.482 OF 2023
                                       IN
                         CRIMINAL APPEAL NO.298 OF 2023

 (Dipak Gopichand Meshram Vs. The State of Maharashtra thr. PSO PS Adyal, Tahsil
                      Pauni, Dist. Bhandara 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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                       Mr. M. N. Ali, Advocate for Applicant.
                       Ms. Ritu Sharma, A.P.P. for Non-Applicant No.1/State.
                       Ms. Anuprita S. Mishrikotkar, Advocate (appointed) for Non-Applicant No.2.

                       CORAM: URMILA JOSHI PHALKE, J.

DATE: 4th MARCH, 2024.

The applicant has filed this application under

Section 389 of the Code of Criminal Procedure against the

judgment and order of sentence passed in Special Case

No.105/2020 for the offence punishable under sections 452,

354-A (1)(ii) of the Indian Penal Code and sentenced to

undergo rigorous imprisonment for one year and fine of

Rs.500/- and is sentenced to undergo rigorous

imprisonment for three years for an offence punishable

section 8 of the Protection of Children from Sexual Offences

Act, 2012.

2 appa482.23.O.odt

2. The learned counsel for the appellant submitted

that the period of punishment is of limited period.

The appeal would take its own time for its final decision, the

appellant has every likelihood for success in the present

appeal.

3. Learned A.P.P. strongly opposed the application

on the ground that appeal is devoid of merit and liable to be

dismissed.

4. In view of the submissions made by the learned

counsel for the appellant, I have perused the impugned

judgment and the depositions filed on record. The learned

counsel for the appellant has pointed that he has arguable

point in the present appeal. However, the appeal would take

its own time for its final disposal. In the meanwhile, if the

appellant succeeds, the appeal has become infructuous.

In view of above, the application for suspension of sentence

deserves to be allowed. Accordingly, I proceed to pass

following order:

i. The applicant - Dipak Gopichand Meshram

shall be released on bail on executing P.R. 3 appa482.23.O.odt

in the sum of Rs.25,000/- with one solvent

surety in the like amount.

ii. The execution of the sentence is suspended,

till the disposal of the appeal.

5. The fees of the learned appointed counsel be

quantified and paid in accordance with rules.

CRIMINAL APPEAL NO.298/2023:

The appeal be placed after the preparation of the

paper-book.

JUDGE

NSN

Signed by: Mr. N.S. Nikhare Designation: PA To Honourable Judge Date: 06/03/2024 10:19:19