Allowed

Kunal @ Kundan S/O Dhammapal @ Sunil Gopnarayan v. State of Mah. Thr. Pso Ps Midc Tq. and Dist.Akola

Bombay HC3 Feb 2022APPA/31/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal application for suspension of sentence and bail after conviction. The applicant, sentenced for offences under IPC and POCSO, was granted release on bail via a personal bond of Rs. 25,000 with one surety pending the appeal's disposal, subject to regular attendance at hearings.

What did the court decide?

Sentence suspended till the decision of the appeal; applicant released on execution of P.R. Bond of Rs. 25,000/- with one surety.

Kunal @ Kundan S/O Dhammapal @ Sunil Gopnarayan… — Child Sexual Offences (POCSO) | Bombay HC (2022)

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29appa31.22.odt

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

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CRIMINAL APPLICATION (APPA) NO. 31/2022 IN CRIMINAL APPEAL NO. 23/2022

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(Kunal @ Kundan S/o Dhammpal @ Sunil Gopnarayan Vs. State of
Maharashtra )

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------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order

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Mr. A. S. Londhe, Advocate for applicant.
Mr. S. D. Sirpurkar, APP for respondent/State.

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CORAM:- SURENDRA P. TAVADE, J.

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DATED :- 03.02.2022

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Hearing was conducted through Video
Conferencing and the learned Counsel agreed that the
audio and visual quality was proper.

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1.This is an application for suspension of
sentence and bail after conviction The applicant was held
guilty for offence punishable under Sections 354, 354-D
of the Indian Penal Code and for offence punishable
under Sections 11 and 12 of the Protection of Children
from Sexual Offences Act and sentenced to suffer
rigorous imprisonment for three years with fine of
Rs. 3,000/-, in default, he is directed to suffer simple
imprisonment for three months. It is contended that the
applicant was on bail during the pendency of trial. It is
also contended that the applicant had breached bail bond
and, hence he was taken into custody when the

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Gohane

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2 29appa31.22.odt

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conviction was pronounced. The learned counsel for the
applicant submits that the condition may be imposed so
that he can attend hearing of this appeal regularly.

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2.Heard learned counsel for the applicant and
APP on behalf of the State. It appears that the applicant
was sentenced to suffer rigorous imprisonment and fine
of Rs. 3,000/-. He was on bail during pendency of trial
and this appeal may not come up for hearing within short
period. Therefore, in my considered view, the applicant
is entitled for release on bail. Hence, I pass following
order:-

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(I)Application stands allowed and disposed of.

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(II)The sentence imposed upon the applicant is
hereby suspended till the decision of this appeal.

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(III)The applicant be released on executing P.R.
Bond of Rs. 25,000/- with one surety in the like amount
with a direction to attend hearing of the appeal regularly
and without fail.

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 (SURENDRA P. TAVADE, J)

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Gohane

Kunal @ Kundan S/O Dhammapal @ Sunil Gopnarayan v. State of Mah. Thr. Pso Ps Midc Tq. and Dist.Akola

Case brief

What is this about?

What did the court decide?

Kunal @ Kundan S/O Dhammapal @ Sunil Gopnarayan v. State of Mah. Thr. Pso Ps Midc Tq. and Dist.Akola

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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