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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

APPA NO.165 OF 2021

IN

CRIMINAL APPEAL NO. OF 2021

Pundalik @ Bandu S/o Daulat Zalake

Vs.

State of Maharashtra

Office Notes, Office

Memoranda of Coram,

Appearances, court’s

orders or directions and

Registrar’s orders

Court’s or Judge’s orders

Shri Parag K.Bezalwal, Advocate for the applicant.

Shri N.S. Rao, APP for the non-applicant/State.

CORAM :Z. A. HAQ AND

AMIT B. BORKAR, JJ.

DATE : 04.03.2021.

1.

Shri N.S. Rao, learned APP for the State has

invited our attention to the order of the Hon’ble Supreme

Court in Suo Moto Writ Petition Civil No.3/2020.

2.

In view of the order of Hon’ble Supreme Court,

there is no delay in filing present appeal, as the impugned

judgment is passed on 30^th September 2020.

3.

In view of said reason, the application does not

survive. Application (APPA) is disposed of accordingly.

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CRIMINAL APPEAL NO……../2021

1.

Heard.

2.

Admit.

3.

Shri N.S. Rao, learned APP waives notice for

the respondent/State.

4.

Call for Record and Proceedings.

CRIMINAL APPLICATION NO. …….../2021

1.

By this application the accused has sought

suspension of sentence under Section 389 of the Code of

Criminal Procedure.

2.

We have carefully gone through the impugned

judgment and order and the notes of evidence placed on

record by the appellant. From the material placed on record,

it appears that the accused was 57 years old at the time of

incident and victim was 13 years old. During pendency of the

trial, the appellant was not on bail. Prima-facie, it appears

that there is evidence of prosecutrix (PW-1) which is

corroborated by the evidence of Mrs. Pallavi Gomase (PW-4)

and independent panch witness. In view of presumption

under Section 29 and 30 of the Protection of Children from

Sexual Offences Act, 2012, we are of the prima-facie opinion

that the appellant has not made out the case for suspension of

sentence and grant of bail. The application is therefore,

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rejected.

3.

The appellant shall file private paper book

within eight weeks from today. The appeal shall be listed

for hearing after filing of the private paper book by the

appellant and after the record and proceedings are

received in this Court.

JUDGE

JUDGE

Manisha