LAWS(BOM)-2020-6-23

BHAGWANDAS Vs. STATE OF MAHARASHTRA

Decided On June 05, 2020
BHAGWANDAS Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The applicant has moved this application alongwith appeal for suspension of sentence for the reasons set out in detail in the application.

(2.) Heard learned counsel for the applicant and learned APP for the respondent no.1 - State.

(3.) In brief, it is the contention of learned counsel for the applicant that the applicant has good case to succeed on merits. It is contended that the conviction of the applicant is not sustainable in law. There is absolutely no evidence to prove the guilt of the accused u/s 12 of the POCSO Act. It is further submitted that the maximum sentence awarded is of two years. During the trial, the applicant was on bail. The trial Court has suspended the sentence to enable the applicant to prefer appeal. It is further submitted that it will take long time to hear the appeal fnally. In case the sentence is not suspended, the purpose of fling of appeal would be frustrated.