Samiullah Mustaf Ahmed Khan v. State Of Maharashtra And ANR.

Diksha Rane 912. IA 2230-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2023.08.10 17:25:24 +0530 DIKSHA DINESH RANE INTERIM APPLICATION NO.2230 OF 2023 IN CRIMINAL APPEAL NO.697 OF 2023 SAMIULLAH MUSTAF AHMED KHAN ..APPLICANT VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ None for the applicant.

Ms. Anamika Malhotra, APP for State.

Adv. Ms. Priyanka B. Chavan for the respondent no.2. ------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 10, 2023.

P.C. :

1.

None for the applicant.

2.

Learned APP appears on behalf of the respondentState and learned counsel Ms. Priyanka Chavan appears on behalf of the respondent no.2.

3.

I have heard learned APP and learned counsel for the respondent no.2. With their assistance, I have perused the impugned judgment of conviction. The applicant has been convicted for the offence punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer imprisonment for one year. 1/2

Diksha Rane 912. IA 2230-23.doc 4.

In view of the grounds of challenge in the appeal and the fact that the sentence is for short term of one year, I am inclined to suspend the sentence. Nothing is on record to indicate that the applicant has misused his liberty while he was on bail during trial. The appeal is likely to take some time to be heard finally.

5.

The sentence passed by the trial Court is suspended. The applicant be released on same bail as in the trial Court with fresh bond.

6.

Interim Application is disposed of accordingly. (M. S. KARNIK, J.) 2/2