Madhu Shivaji Lakeshree v. State Of Maharashtra And ANR.

4-ia-682-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 682 OF 2023 IN CRIMINAL APPEAL NO. 757 OF 2019 Madhu Shivaji Lakeshree ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Prabhakar B. Parse for Applicant.

Mr. S. R. Agarkar, APP for State/Respondent No.1. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 23 FEBRUARY 2023 PC :

1.

The applicant has preferred Criminal Appeal No.757 of 2019 against the Judgment and order dated 08/03/2019 passed by learned Special Judge under POCSO Act, Greater Mumbai, in POCSO Case No.537 of 2015. He was convicted for commission of offence punishable U/s.8 of the Protection of Children from Sexual Offences Act (for short '

POCSO Act'

) and U/s.342 of the I.P.C. The major sentence imposed on him was for three years of R.I. At the first instance, he was granted bail vide order dated 26/07/2019 passed in Criminal Application No.818 of 2019 in Criminal Appeal Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.02.24 11:01:47 +0530 VINOD BHASKAR GOKHALE Gokhale

4-ia-682-23 No.757 of 2019. He was granted bail on the condition of furnishing two sureties in the sum of Rs.30000/- and on executing P.R. bond for the same amount. The applicant did not furnish the sureties and, therefore, he is arrested on 11/01/2023. 2.

Considering that he was already granted bail vide order dated 26/07/2019, this application can be allowed. 3.

Hence, the following order:

O R D E R

i)During pendency and final disposal of Criminal Appeal No.757 of 2019, the Applicant is directed to be released on bail on his furnishing P. R. bond in the sum of Rs.30000/- with one or two sureties in the like amount.

ii)Rest of the conditions mentioned in the order dated 26/07/2019 are maintained as they are.

iii)The Application is disposed of.

(SARANG V. KOTWAL, J.)