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2024 Supreme(Online)(GUJ) 14921

HIGH COURT OF GUJARAT
S.V. PINTO, J
DEEPAK @ SAGAR @ MANJRO SANJAY SIRSATH – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR NK MAJMUDAR(430) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER

1. Draft amendment is allowed and to be carried out accordingly.

2. Rule. Learned APP waives service of notice of rule for the respondent – State.

3. By way of present application u/s. 389 of the Code of Criminal Procedure , 1973, the applicant – accused No.1 is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order of conviction in POCSO Case No. 133 of 2016 passed by the learned Sessions Judge, Surat on 19.03.2024, whereby, the learned Special POCSO Judge and 11th Additional Sessions Judge, Surat has sentenced the present applicant to undergo simple imprisonment of 3 months for the offence punishable under Sections 323 r/w.

Section 114 of the IPC, simple imprisonment of 3 months for the offence punishable under Section 504 r/w. 114 of the IPC, rigorous imprisonment of 1 year and fine of Rs.1000/- and in default, simple imprisonment of 1 month for the offence punishable under Sections 506(2) r/w. 114 of the IPC and rigorous imprisonment of 3 years and fine of Rs.2000/- and in default, simple imprisonment of 2 months for the offence punishable under Sections 12 of the POCSO Act r/ w. Section 11

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