Anil S/O Rajendra Limbhore v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 831 OF 2021 IN CRIMINAL APPEAL NO. 216 OF 2021 Anil S/o Rajendra Limbhore ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Nitish Mohite i/b Mr. Abhishek Kulkarni for the Applicant Mr. S. V. Gavand, A.P.P for the Respondent No.1-State Ms. Trupti Khamkar, appointed Advocate for the Respondent No. 2 CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 7 th APRIL 2021 P.C. :

Heard learned counsel for the parties.

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

The applicant, vide judgment and order dated 8th February 2021, passed by the learned Extra Joint Additional Sessions Judge, Pune, in 1/4

Special Case (POCSO) No. 59 of 2020, has been convicted and sentenced as under:

- for the offence punishable under Section 354A of the Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences Act, to suffer rigorous imprisonment for 3 years and to pay fine of Rs.5,000/-, in default of payment of fine, to undergo simple imprisonment for 3 months.

It is not in dispute that the applicant was on bail pending trial and has not misused or abused the liberty granted to him. The applicant has deposited the fine amount as awarded by the trial Court. The appeal has been admitted vide order dated 10th March 2021. The sentence awarded is a short term sentence and the appeal is not likely to be heard in the immediate near future.

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 :

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ORDER

i) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount; 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 applicant's bail.

The application is accordingly disposed of.

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The High Court Legal Services Committee to pay the fees as per Rules, to Ms. Trupti Khamkar, learned appointed Advocate, who has espoused the cause of the respondent No. 2.

Copy of this order be forwarded to the High Court Legal Services Committee, for information and necessary action. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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