Hamid Kasam Shaikh v. The State Of Maharashtra And ANR

Shambhavi N. Shivgan 19-Apeal-1982020.odt Shambhavi N.

Shivgan Date: 2021.02.18 18:38:30 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.686 OF 2020 IN CRIMINAL APPEAL NO.198 OF 2020 Hamid Kasam Shaikh ... Applicant Vs The State of Maharashtra ... Respondents ...

Mr. Vivek Joshi i/by Mr. Vikas Balasaheb Shivarkar for the Applicant.

Mr. R.M.Pethe, APP for the Respondent-State.

HC Nitin V. Jagtap attached to Khadak P.Stn., Pune present.

CORAM : SANDEEP K. SHINDE J.

DATE : 18 th FEBRUARY, 2021.

P.C. :

It is an application under Section 389(1) of the Code of Criminal Procedure, 1973 whereby the applicant is seeking suspension of rigorous imprisonment of two years imposed by the learned Additional Sessions Judge, Pune in Special POCSO Case No.12 of 2017 wherein he was held guilty of the ofence punishable under Section 354A(1)(i)(iii) Shivgan 1/2

19-Apeal-1982020.odt of the Indian Penal Code, 1860 and Section 11(1)(iii) read with Section 12 of the Protection of Children From Sexual Ofences Act, 2012. Sentence imposed is, "short terme sentence. Applicant has undergone half of the sentence and appeal is not likely to be heard in near future. In consideration of these facts, the substantive impugned sentence is stayed and the applicant is directed to released on bail on the same terms and conditions as he was during the trial but with fresh bail bonds and sureties. Application is disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 2/2