Ganesh Vitthal Khalse v. State Of Maharashtra And ANR

1 of 2 10.IA.343.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.343 OF 2022 IN CRIMINAL APPEAL (STAMP) NO.810 OF 2022 Ganesh Vitthal Khalse Applicant versus The State of Maharashtra and another Respondents Mr.Satyavrat Joshi i/by Mr.Samay S. Pawar, Advocate for applicantAppellant. Mr.Arfan Sait, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 8th February 2022 PC :

1.

Leave to amend the name of guardian of respondent no.2 (PW2) be mentioned in the cause title of application. 2.

This is an application for suspension of sentence and grant of bail during pendency of Criminal Appeal (Stamp) No.810 of 2022. The applicant has been convicted vide judgment and order dated 13th October 2021 for the offence under Section 354 of IPC and sentenced to suffer rigorous imprisonment of two years and fine of Rs10,000/-.

3.

The applicant was on bail during trial. The sentence of imprisonment was suspended on the date of conviction to enable the applicant to prefer an appeal before High Court. Considering the MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.02.10 10:23:22 +0530 fact that sentence is of short term i.e. two years and since the

2 of 2 10.IA.343.2022.doc applicant was on bail during trial, the sentence of imprisonment can be suspended. Hence, I pass following order :

ORDER

(i) Interim Application No.343 of 2022 is allowed and disposed of;

(ii) During pendency of Criminal Appeal (Stamp) No.810 of 2022, the sentence of imprisonment imposed vide judgment and order dated 13th October 2021 passed by Additional Sessions Judge, Pune in Special Case (POCSO) No.312 of 2017, is suspended and the applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount; (iii) The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks in lieu of sureties; (iv) The applicant shall report Trial Court once in six months on every first Saturday during pendency of appeal; (v) In the event of two consecutive defaults in attending Trial Court, the Trial Court shall submit report to this Court; (vi) In the event of applicant committing default in attending Trial Court, the prosecution will be at liberty to file application for cancellation of bail;

(vii) Warrant of conviction, if any, issued by the Trial Court stands cancelled.

(PRAKASH D. NAIK, J.) MST