Rupesh Ram Palav v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.674 OF 2017 IN CRIMINAL APPEAL NO.414 OF 2017 Rupesh Ram Palav ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.R.R.Paramane, for the Applicant.

Ms.Rutuja Ambekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 14th JUNE, 2017 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application the applicant seeks his enlargement on bail, pending the hearing and final disposal of his appeal. 3.

The applicant has been convicted by the learned Additional Sessions Judge-6 and Special Judge, POCSO, Thane, vide Judgment and

2/3 Order dated 3rd April, 2017, for the offence punishable under Section 8 of Protection of Children from Sexual Offences Act, and has been sentenced to suffer S.I for 3 years.

4.

Learned Counsel for the applicant states that the applicant was on bail, pending the trial and that he has not abused or misused the liberty granted to him. He submitted that that the applicant's sentence was suspended after his conviction by the trial Court. The said statement is not disputed by the learned A.P.P.

5.

Perused the papers. The Appeal has been admitted by this Court (Coram : A.M.Badar,J.) vide order dated 29th May, 2017 and the same is not likely to come up for the hearing in the immediate near future. It is not in dispute that the applicant was on bail pending trial and that he has not abused or misused the liberty granted to him and that his sentence was suspended after his conviction. The sentence awarded is a short term sentence.

6.

Considering the aforesaid, the applicant's sentence is

3/3 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.15,000/- with one or two sureties in the like amount. 7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

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