Naim Barkat Ali Ansari v. The State Of Maharashtra And ANR

(16)APPANo.1762019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.176 OF 2019 IN CRIMINAL APPEAL NO.171 OF 2019 Naim Barkat Ali Ansari ...

Applicant V/s.

The State of Maharashtra & Anr.

...

Respondents .....

Mr.Nikhil P. Mallelwar i/b. Mr.Sachin R. Pawar, Advocate for the Applicant.

Mr.P.H.Gaikwad-Patil, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 12th FEBRUARY 2019.

P.C. :

This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused is convicted for the offences punishable under Sections 354 of the Indian Penal Code as well as under Section 12 of the Protection of Children from Sexual Offences Act, 2012. He is sentenced to suffer rigorous imprisonment for one year apart from imposition of fine of Rs.10,000/- and in default to further undergo simple imprisonment for three months.

Gaikwad RD 1/2

(16)APPANo.1762019.doc Heard both sides.

Short sentence of imprisonment imposed on the applicant/accused has already been suspended by the learned trial Court. The applicant was on bail during pendency of the trial. He has not misused his liberty. Therefore, the Order :

ORDER

(i) The application is allowed.

(ii) The substantive sentence of imprisonment imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P. R. Bond of Rs.15,000/- and on furnishing surety in the like amount. (iii) As a condition of this order, the applicant/accused should not contact the victim child as well as her relatives in any manner and he should not repeat commission of similar offences in future.

(iv) The application is disposed of accordingly. (A.M.BADAR J.) Gaikwad RD 2/2