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2017 DIGILAW 2159 (BOM)

Uttam Vitthal Bhosale v. State of Maharashtra

2017-10-11

ANUJA PRABHUDESSAI

body2017
JUDGMENT : By this application the applicant has sought suspension of execution of sentence imposed by the judgment dated 18th September, 2017 in Sessions Case No. 95 of 2014 on the file of Special Judge and Addl. Sessions Judge-2, Sangli and has prayed for release on bail. 2. The applicant was tried for the offences under sections 354-A, 452, 342, 323, 504, 506 of Indian Penal Code and sections 8 and 12 of the POCSO Act, and has been sentenced to undergo the sentence for three years in respect of offence under section 8 of POCSO Act. 3. Heard the learned counsel for the applicant and the learned APP for the State. Perused the records and considered the submissions advanced by the learned Counsels for the respective parties. 4. The records reveal that the applicant has been sentenced to undergo imprisonment of one year. The appeal is of the year 2017 and is not likely to come up for final hearing in the next couple of years due to large pendency of old cases. Hence, rejection of the application will result in the applicant undergoing the sentence of imprisonment even before the appeal is heard on merits. 5. The applicant was on bail during the pendency of the Sessions Case No. 95 of 2014. There is nothing on record to indicate that the applicant has violated the terms and conditions of the order. 6. Considering the aforesaid facts, as well as the nature of allegations levelled against the applicant, in my considered view, this is a fit case to suspend the execution of sentence pending the disposal of the appeal on merits. Hence, the order :- (i) The Criminal Application No. 1411 of 2017 is allowed. (ii) The execution of sentence imposed in Sessions Case No. 95 of 2014 vide judgment dated 18th September, 2017 is suspended till disposal of the appeal on merits, subject to the applicant furnishing fresh bail bond of Rs. 15,000/- (Rupees Fifteen Thousand) with one or two solvent sureties in the like amount, to the satisfaction of Special Judge and Addl. Sessions Judge, Sangli. (iii) The applicant shall not interfere with the victim in any manner. 15,000/- (Rupees Fifteen Thousand) with one or two solvent sureties in the like amount, to the satisfaction of Special Judge and Addl. Sessions Judge, Sangli. (iii) The applicant shall not interfere with the victim in any manner. (iv) The applicant shall furnish his permanent as well as temporary address, if any, and his contact number and shall intimate change of address and contact number, if any, to the Investigating Officer, as well as to the concerned Court. (v) All concerned to act on an authenticated copy of this order. Application allowed.