Dinesh R Sharma v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.722 OF 2019 ALONGWITH CRIMINAL APPLICATION NO. 783 OF 2019 ALONGWITH CRIMINAL APPLICATION NO. 784 OF 2019 Dinesh R. Sharma ....
Appellant Vs.
The State of Maharashtra ....
Respondent Mr. Satyaprakash Sharma I/by Global Juris for the Appellant/Applicant. Mr. S.S. Pednekar, APP for State.
Coram : Smt. Sadhana S. Jadhav, J.
Date : 24th June 2019 P.C.:
1.
Heard.
2.
Admit.
( Smt. Sadhana S. Jadhav, J)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 783 OF 2019 ALONGWITH CRIMINAL APPLICATION NO. 784 OF 2019 IN CRIMINAL APPEAL NO.722 OF 2019 Dinesh R. Sharma ....
Applicant Vs.
The State of Maharashtra ....
Respondent Mr. Satyaprakash Sharma I/by Global Juris for the Applicant. Mr. S.S. Pednekar, APP for State.
Coram : Smt. Sadhana S. Jadhav, J.
Date : 24th June 2019 P.C.:
1.
Heard the respective counsel.
2.
The applicant herein is convicted for the offence punishable under Section 354 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year and fine of Rs.1,000/-, in default to suffer simple imprisonment for fifteen days by the learned Special Judge under POCSO Act, Greater Mumbai vide judgment and order dated 8th April 2019 in POCSO Case No. 74 of 2015.
3/3 Learned counsel for the applicant submits that the sentence imposed upon the applicant is a short term sentence. The applicant was on bail during pendency of the trial and after he was convicted by the Special Judge he has not committed breach of any conditions imposed upon him. In view of this, the applicant deserves to be enlarged on bail during pendency of the appeal. Hence, the following order :
O R D E R
i ) The applications are allowed and stand disposed of. ii ) The substantive sentence imposed upon the applicant vide judgment and order dated 8th April 2019 by the learned Special Judge under POCSO Act, Greater Mumbai is hereby suspended. iii ) The applicant be enlarged on bail on furnishing P.R. bond in the sum of Rs.15,000/- with one or more solvent sureties in the like amount. The applicant shall furnish fresh sureties. iv) The applicant shall mark his presence before the Special Judge once in six months on the date assigned by the learned Special Judge.
v) Upon failure to attend any two consecutive dates, the Special Court shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail. ( Smt. Sadhana S. Jadhav, J)