Suraj Janardan Patil v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 617 OF 2021 IN CRIMINAL APPEAL NO. 159 OF 2021 Suraj Janardan Patil ...Appellant

Versus

The State of Maharashtra

...Respondent

Ms. Akshata Desai i/b Mr. Nitin Sejpal, Advocate for the Appellant. Ms. S. V. Sonawane, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

MONDAY , 22ND FEBRUARY 2021 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks suspension of his sentence and enlargement on bail pending the hearing and final disposal of his aforesaid appeal.

3.

The applicant vide judgment and order dated 30th January 2021 passed by the learned Extra Joint District & Additional Sessions Judge, 1/3

Raidgad, Alibag in Special (POCSO) Case No. 29/20, has been convicted and sentenced as under;- - for the offence punishable under Section 11(i) read with Section 12 of the Protection of Children from Sexual Offences Act,2012, to suffer simple imprisonment for six months and to pay fine of Rupees 5,000/-, in default, simple imprisonment for one month.

4.

The applicant was on bail pending trial as well as post his conviction. It appears that whilst on bail pending trial the applicant has not misused the liberty granted to them. The sentence awarded is a short term sentence and the appeal which is admitted today by a separate order is not likely to be heard in the immediate near future.

5.

Considering the aforesaid, the application is allowed and the applicant's sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his appeal, on the following terms and conditions:

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- (Rs. Fifteen Thousands Only) with one or two sureties in the like amount;

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ii) The Applicant shall report to the trial Court, once in four months on the day/date specified by the trial Court, till his Appeal is finally disposed of;

iii) The Applicant shall keep the trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time;

iv) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.

6. The Application is allowed in the aforesaid terms and is accordingly disposed of.

7. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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