Bombay High Court
Kailas S/O Madhukar Kumre vs The State Of Maharashtra Thr. Ps, Seloo ... on 7 May, 2024
(1) 923.apeal.273.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.480 OF 2024
IN
CRIMINAL APPEAL NO.273 OF 2024
Kailas s/o Madhukar Kumre
Vs.
State of Maharashtra, Through Police Station, Seloo District Wardha
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Mr. N. D. Dawda, Advocate for appellant.
Ms. Swati Kolhe, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 07/05/2024
1. By this application, the appellant is seeking
suspension of sentence and releasing the appellant
on bail.
2. Learned Counsel for the appellant
submitted that appellant was prosecuted for the
offence punishable under Sections 8 and 12 of
Protection of Children from Sexual Offences Act and
under Section 341 and 354-D of the IPC. He also
pointed out from the impugned judgment that he has
many arguable points in the present appeal, as the
learned trial Court has not appreciated the evidence
in proper perspective. He further submitted that the
punishment imposed is of a limited period. In the
meanwhile, if sentence is executed the appeal will
become infructuous.
(2) 923.apeal.273.2024
3. Learned APP strongly opposed the said
application on the ground that the appeal is devoid of
merits and therefore the application deserves to be
rejected.
4. Having heard 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 the learned trial court
has not appreciated the evidence and he has many
arguable points in the present appeal. Moreover, the
punishment imposed in for a limited period and in the
meanwhile if sentence is executed the appeal will
become infructurous. In view of that, the application
deserves to be allowed. I proceed to pass following
order.
ORDER
(i) The execution of sentence imposed in
Special (Ch.Act) Case 19/2022 is hereby suspended
till disposal of appeal.
(ii) The appellant shall be released on bail on
executing PR bond in the sum of Rs.25,000/- with
one solvent surety in the like amount.
5. The application is disposed of.
CRIMINAL APPEAL NO.273 OF 2024
1. Heard.
2. Admit.
(3) 923.apeal.273.2024
3. Learned APP waives notice for the State.
4. Call R & P.
5. Appeal be placed 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: 09/05/2024 17:25:19
