Sumit Raju Jagtap v. The State Of Maharashtra

908-APPA-1360-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1360 OF 2017 IN CRIMINAL APPEAL NO.804 OF 2017 SUMIT RAJU JAGTAP )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Amit Sale, Advocate for the Applicant.

Mr.S.R.Shinde, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

27th SEPTEMBER 2017 P.C. :

This is an application for suspension of sentence and releasing the applicant / accused on bail during pendency of the appeal filed by him. The applicant / accused has been convicted of offences punishable under Section 354 of the Indian Penal Code (IPC) and Section 8 of the Protection of Children from Sexual Offences Act (POCSO Act). He is sentenced to suffer rigorous avk 1/2

908-APPA-1360-2017.doc imprisonment for 3 years apart from payment of fine of Rs.1,000, and in default, to undergo rigorous imprisonment for 3 months. Substantive sentences imposed on the applicant / accused is already suspended by the trial court. Considering the short sentence imposed on the applicant / accused as well as the fact that in near future, there is no likelihood of hearing his appeal finally, though the learned APP opposed the application, I see no reason to deny bail to the applicant / accused. Therefore the order :

ORDER

i) The application is allowed.

ii) Substantive sentence imposed on the applicant / accused is suspended and he is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

iii)As a condition of this order, the applicant / accused should not contact the minor victim female or her relatives in any manner during pendency of the appeal.

iv) The application is disposed of accordingly. (A. M. BADAR, J.) avk 2/2