Allowed

Khilesh S/O Bijendra Shahu v. State of Maharashtra Thr. P.S.O., P.S., Kalmeshwar, Dist. Nagpur

Bombay HC3 Feb 2022APPA/94/2022

Case brief

AI extract

What is this about?

Application for suspension of sentence and bail was allowed. The High Court suspended the imposed sentence pending the appeal outcome and directed the release of the applicant upon furnishing a new Police Respondent Bond of Rs. 15,000 with one surety.

What did the court decide?

Sentence suspended till appeal decision; Applicant released on executing a Police Respondent Bond of Rs. 15,000 with one surety.

Khilesh S/O Bijendra Shahu Vs State of Maharashtra Thr… — Narcotics (NDPS) | Bombay HC (2022)

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7appeal56.22.odt

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

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CRIMINAL APPEAL NO. 56/2022

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(Khilesh S/o. Bijendra Shahu 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. C. Jaltare, Advocate for appellant.
Mr. V. A. Thakare, 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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2. Heard.

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3. Admit .

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4.Learned APP waives service of notice for
respondent/State.

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5.Call for record and proceeding in Spl.
POCSO Case No. 27/2021.

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CRIMINAL APPLICATION (APPA) NO. 94/2022

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1.This is an application for suspension of
sentence and bail. The applicant was held guilty for
offence punishable under Sections 323 of the Indian
Penal Code (IPC) and sentenced to suffer rigorous
imprisonment of one year and to pay fine of Rs. 1,000/-,
in default, he is directed to suffer simple imprisonment

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Gohane

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2 7appeal56.22.odt

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for 15 days. He is also guilty for offence punishable
under Section 506 of the IPC and sentenced to suffer
rigorous imprisonment for one year and to pay fine of
Rs. 1,000/-, in default, he is directed to suffer simple
imprisonment of 15 days. The applicant is also held
guilty for offence punishable under Section 8 of the
Protection of Children from Sexual Offences Act and
sentenced to suffer rigorous imprisonment for three years
and to pay fine of Rs. 1,000/-, in default, he is directed to
suffer simple imprisonment for 15 days.

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2.It is contended that the applicant was
released on bail during the period of trial. Similarly, he
was released after conviction. It is contended that the
applicant never abused liberty granted to him. It is also
contended that the appeal may not come for hearing
within short period. It is prayed that applicant be
released on bail.

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3.Heard learned counsel for the applicant and
learned APP on behalf of State. It appears that the
applicant was released on bail during the pendency
appeal as well as after conviction by the Trial Court.
There are no allegations of misuse of liberty granted to
him during the trial. This appeal may not come for
hearing during short period. Hence, I pass following
order:-

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Gohane

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7appeal56.22.odt

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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. 15,000/- with one surety in the like amount
with a direction to attend hearing of the appeal regularly
without fail.

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 (SURENDRA P. TAVADE, J)

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Digitally signed by JITENDRA JITENDRA BHARAT BHARAT GOHANE GOHANE Date:2022.02.04 16:33:46 +0530

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Gohane

Khilesh S/O Bijendra Shahu v. State of Maharashtra Thr. P.S.O., P.S., Kalmeshwar, Dist. Nagpur

Case brief

What is this about?

What did the court decide?

Khilesh S/O Bijendra Shahu v. State of Maharashtra Thr. P.S.O., P.S., Kalmeshwar, Dist. Nagpur

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

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