Sagar Dilip Sadamate v. State Of Maharashtra

spm 1 5-ia1783.1784.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1784 OF 2022 WITH INTERIM APPLICATION NO. 1783 OF 2022 IN CRIMINAL APPEAL NO. 600 OF 2022 Sagar Dilip Sadamate .....Applicant Vs.

The State of Maharashtra .....Respondent Mr. Omkar Nagwekar i/by Prabha Badadare for the Applicant. Mr. R. M. Pethe, APP for State.

CORAM : A. S. GADKARI, J.

DATE : 20th JUNE, 2022.

P.C.:- These are Applications for suspension of sentence and releasing the Applicant on bail.

2.

Applicant has been convicted under Section 354-D of Indian Penal Code and under Section 12 of the Protection of Children from Sexual Offences Act, 2012 and is sentenced to suffer maximum rigorous imprisonment for one year and to pay a total fine of Rs.15,000/- by Judgment and Order dated 13th April, 2022 passed by Extra Joint District Judge & Additional Sessions Judge, Sangli in Special Case (POCSO) No.113 of 2015.

3.

Learned counsel for the Applicant submitted that, the Applicant was on bail during the pendency of trial and there is no report of breach of 1/2

spm 2 5-ia1783.1784.2022.doc any of the conditions imposed upon him. He submitted that, the Applicant has already deposited entire fine amount in the Registry of trial Court. As the maximum sentence imposed upon the Applicant is one year of rigorous imprisonment and the possibility of hearing the present Appeal on its own merits in near future is remote, this Court is of the view that, the substantive sentence imposed upon the Applicant can be suspended and Applicant can be released on bail.

4.

Hence, the following Order :- (i) Applicant/Accused be released on bail in C.R. No. 32 of 2015 registered with Palus Police Station, District Sangli on his furnishing P.R. bond of Rs.20,000/- with one or two separate local sureties in the like amount.

(ii) During the pendency of the appeal, the Applicant is directed to attend Palus Police Station, District Sangli on every first Monday of the month initially for a period of 1 year and thereafter on every first Monday of every 3rd month, i.e. 4 times in a year. (iii) Applicant shall not contact victim or threaten her. 5.

Both the Applications are allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2