Ashwin Arvind Puranik v. The State Of Maharashtra And ANR.
Digitally signed by Shagufta Q.
Pathan Date:
2021.03.12 17:00:51 +0530 Shagufta Q.
Pathan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 830 OF 2021 IN CRIMINAL APPEAL NO. 215 OF 2021 Ashwin Arvind Puranik ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
Mr. Gaurav Parkar a/w Mr. Tarang Jagtiani for the Applicant Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent No.1-State None for the Respondent No. 2 CORAM : REVATI MOHITE DERE, J.
THURSDAY, 11 th MARCH 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 31st December 2020, passed by learned Extra Jt. District & Additional Sessions Judge, 1/4
Raigad, Alibag, in Special (POCSO) Case No. 58/2020, has been convicted and sentenced as under:- - for the offence punishable under Section 11 r/w Section 12 of the Protection of Children from Sexual Offences Act, to suffer rigorous imprisonment for 1 year and to pay fine of Rs.5,000/-, in default of payment of fine, to suffer simple imprisonment for 1 month.
The fine amount of Rs. 5,000/- was to be paid to the victim by way of compensation under Section 357A of Criminal Procedure Code. It is not in dispute that the applicant was on bail pending trial and that his sentence has been suspended post his conviction. It is also not in dispute that whilst on bail, the applicant has not abused or misused the liberty granted to him. The appeal has been admitted by a separate order passed today and the same is not likely to come up for hearing in the immediate near future. The sentence awarded is a short term sentence. Considering the aforesaid, the application is allowed and the applicant's sentence is suspended and the applicant is enlarged on bail, 2/4
pending the hearing and final disposal of the 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.20,000/-, with one or two sureties in the like amount; ii) The applicant shall report to the trial Court, once in three months on the day/date specified by the trial Court, till their 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.
The application is disposed of in the aforesaid terms. 3/4
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
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