Bombay High Court
Aditya S/O Rupesh Thool vs The State Of Maharashtra Thr. Pso ... on 7 May, 2024
2024:BHC-NAG:5621
(1) 921,appa.475.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.475 OF 2024
IN
CRIMINAL APPEAL NO. 271 OF 2024
Aditya s/o Rupesh Thool
Vs.
State of Maharashtra, Through Police Station Officer Sawangi (Meghe)
District Wardha
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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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Ms. R. R. Gajbhiye, Advocate for appellant.
Mr. A. B. Badar, 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 him on bail.
2. The appellant was prosecuted for the
offence punishable under Section 452, 354 of IPC and
under Section 8 of Protection of Children from Sexual
Offences Act. The learned trial Court after
appreciation of evidence held the appellant guilty for
the offence punishable under Section 8 and
sentenced him to suffer rigorous imprisonment for
three years and fine of Rs.5000/- in default SI for
three months. The appellant is further convicted for
the offence punishable under Section 452 of IPC and
sentenced to suffer to rigorous imprisonment for one
year and fine of Rs.1000/- in default S.I. for one
month and for the offence punishable under Section
(2) 921,appa.475.2024
354 of IPC and sentenced to suffer rigorous
imprisonment for three years and to pay fine of
Rs.5000/- in default to suffer further S.I. for three
months.
3. Learned Counsel for the appellant
submitted that the punishment imposed on the
present appellant is of a limited period. The appeal
would take its own time for its final decision. In the
mean time, if sentence is executed, the appeal will
become infructuous. She further submitted from the
impugned judgment that appellant has arguable
points in the present appeal, but it will take its own
time and in view of that, the executive of sentence be
suspended.
4. 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.
5. Having heard the learned Counsel for the
applicant and learned APP for the State, perused the
impugned judgment from which learned Counsel for
the appellant pointed out that she has many arguable
points in the present appeal, but considering the
appeal will take its own time for its final decision and
if, in the meanwhile sentence is executed, the
irreparable loss will cause to the present appellant
and appeal will become infructuous. In view of that
(3) 921,appa.475.2024
the execution of sentence deserves to be suspended.
Accordingly, I proceed to pass following order.
ORDER
(i) Execution of sentence is hereby suspended
till disposal of the 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.
(iii) The application is disposed of.
CRIMINAL APPEAL NO. 271 OF 2024
1. Heard.
2. Admit.
3. Learned APP waives notice for the State.
4. Call for record and proceedings.
5. Appeal be placed before this Court after
preparation of paper book.
(URMILA JOSHI-PHALKE, J.)
Sarkate
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 09/05/2024 17:27:15
