Shrinath Chotelal Kanojia v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1302 OF 2021 IN CRIMINAL APPEAL NO. 392 OF 2021 Shrinath Chotelal Kanojia ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Mikhil Dey for the Applicant.

Mr. S.V.Gavand, A.P.P for the Respondent No.1-State. Ms. Manisha Devkar appointed as an Amicus Curiae for the Respondent No.2.

CORAM : REVATI MOHITE DERE, J.

DATE : 3 rd MAY, 2021 (Through Video Conferencing) 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 appeal.

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3.

The applicant, vide judgment and order dated 20/03/2021 passed by the learned Special Judge under POCSO, Greater Bombay, in Special Case No.418 of 2017, has been convicted and sentenced as under :- - for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012, to suffer rigorous imprisonment for 3 years and to pay fine of Rs.10,000/-, in default to undergo further simple imprisonment for 3 months is awarded. No separate sentence punishable under Section 354-A of the Indian Penal Code was awarded. As far as Section 354 of the Indian Penal Code is concerned, the applicant was acquitted of the said offence.

It is not in dispute that the applicant was on bail, pending trial and even post his conviction, his conviction has been suspended by the Trial Court. It is also not in dispute that the applicant has not abused or misused the liberty granted to him. The sentence awarded is a short term sentence. The appeal has been admitted by a separate order passed on 23/04/2021. The same is not likely to be heard in the immediate near future.

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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.20,000/- 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 bail.

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7.

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

8.

Copy of this order be forwarded to the High Court legal Services Committee, for information and necessary action. 9.

The application is accordingly disposed of.

10.

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

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