Bombay High Court
Vishwanath @ Vishnu @ Atul S/O Shioram ... vs State Of Mah., Thr. P.S.O. P.S. Tumsar, ... on 16 September, 2019
Author: V. M. Deshpande
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 605/2019
Vishwanath alias Vishnu Atul s/o Shoram Meshram .vs. State of
Maharashtra through PSO P.S. Tumsar, Dist. Bhandar
_______________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. S. R. Kadam, Advocate for appellant.
Mr. S. S. Doifode, A.P.P. for respondent-State.
CORAM : V. M. DESHPANDE, J.
DATED : SEPTEMBER 16, 2019
Heard Mr. Kadam, learned counsel for appellant
and Mr. Doifode, learned A.P.P. for respondent-State.
Admit.
Learned A.P.P. waives notice for respondent.
Criminal Application No.795/2019
This is an application under Section 389 of the
Code of Criminal Procedure for suspension of substantive jail
sentence and for grant of bail.
Applicant stands convicted by learned Special
Judge (Under POCOS Act), Bhandara in Special Criminal
(POCSO) Case No.22/2016. By the said, applicant is
convicted for an offence punishable under Section 323 of the
Indian Penal Code and for that he is directed to suffer
rigorous imprisonment for three months and to pay a fine
amount of Rs.1,000/-. The applicant is also convicted for an
offence punishable under Section 8 of Protection of Children
From Sexual Offences Act and he is directed to rigorous
imprisonment for three years and to pay a fine of Rs.3,000/-.
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It is submission of learned counsel for applicant
and as it could be seen from operative potion of the
impugned judgment that applicant was on bail during trial.
Mr. Kadam, learned counsel for applicant submits that after
the impugned judgment, applicant filed an application (Exh.-
74) for suspension of substantive jail sentence and for grant
of bail and learned Judge of Court below has suspended the
substantive jail sentence. Applicant has also deposited the
fine amount of Rs.5,000/-. The learned counsel has also
tendered copy of application Exh.-74 and order thereon for
my perusal. It shows that after judgment of conviction,
learned Judge of Court below, while exercising powers
under Section 389 (3) of the Code of Criminal Procedure,
has suspended the substantive jail sentence.
The application and order passed thereon below
Exh.-74 is taken on record and marked "X" for identification.
I that view of the matter, I pass following order.
ORDER
(i) The application is allowed.
(ii) Substantive jail sentence imposed upon the
applicant in Special Criminal (POCSO) Case No.22/2016 by Special Judge (Under POCSO Act), Bhandara shall remain suspended during the pendency of present appeal.
(iii) Applicant-Vishwanath alias Vishnu alias Atul s/o Shioram Meshram be released on bail on he executing fresh bonds in the sum of Rs.25,000/- with one solvent surety in the like amount, within one month from today.
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(iv) The applicant is directed to mark his presence by attending Police Station, Tumsar once in six months, during pendency of the present appeal.
(v) The applicant shall remain personally present before this Court at the time of final hearing of the appeal.
The application is disposed of.
JUDGE kahale ::: Uploaded on - 16/09/2019 ::: Downloaded on - 17/09/2019 03:59:09 :::