Shyam Vijay Vichare v. The State Of Maharashtra And ANR

606.APPA756_2019.doc Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 756 OF 2019 IN CRIMINAL APPEAL NO. 705 OF 2019 Shyam Vijay Vichare ...

Applicant vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Sayaji D. Nangre, Advocate for the applicant. Mr. A.R. Patil, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 3rd May, 2019 P.C. :

Upon mentioning, taken on production board.

2.

In this Appeal, this Application is moved by the applicant/accused for suspension of sentence and for bail. By the judgment and order dated 16th April, 2019 passed by the learned Designated Court under Protection of Children from Sexual Offence Act, 2012 for Greater Bombay, the applicant/accused is convicted for the offences punishable under sections 354 and 354A of the Indian Penal Code and the maximum sentence awarded is of three years with fine of Rs.10,000/- and in default, to suffer rigorous for two months.

606.APPA756_2019.doc 3.

The learned counsel for the applicant submitted that the applicant/accused was on bail throughout the trial. The applicant/accused has good case on merits. He submitted that the applicant/accused has deposited the fine amount. The learned counsel, therefore, prays for suspension of sentence and for bail. 4.

Learned Prosecutor is present and submits to the orders of the Court.

5.

In view of the submissions of the learned Counsel for the applicant and also as there is no chance that the Appeal will be heard in near future, the Application is allowed on the following terms:

i) The applicant/accused shall be released on bail upon furnishing a P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

(ii) The sentence is suspended, pending the Criminal Appeal;

iii) The applicant/accused shall not indulge into any criminal activity;

6.

Criminal Application stands disposed of accordingly. (MRIDULA BHATKAR, J.)