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Bombay High CourtAPPA/1487/2016bail granted

Abdul Jabbar Abdul Suhag v. The State Of Maharashtra

2016-12-14Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1487 OF 2016 (FOR BAIL) IN CRIMINAL APPEAL NO.768 OF 2016 Abdul Jabbar Abdul Suhag ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms.Anjali Patil, for the Applicant.

Mr.P.H.Gaikwad Patil, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 14th DECEMBER, 2016 P.C. :

1.

Heard learned Counsel for the applicant and learned A.P.P. 2.

The applicant has been convicted by the learned Designated Judge under Protection of Children from Sexual Offences Act, 2012, for Greater Bombay, vide Judgment and Order dated 27th September, 2016, for the offences punishable under Sections 354 and 354-A of the Indian Penal Code and has been sentenced to suffer S.I for 1 year and to pay fine

2/3 of Rs.500/- in default to suffer S.I. for 1 day and for the offence punishable under Section 10 of Protection of Children from Sexual Offences Act has been sentenced to suffer S.I for 5 years and to pay fine of Rs.3000/- in default to suffer S.I. for 7 days.

3.

Learned Counsel for the applicant states that the applicant was on bail, pending trial and that he has not abused or misused the liberty granted to him. She submits that the Appeal has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future. She further submits that after conviction, the applicant has surrendered and is presently lodged in custody since then.

4.

Perused the evidence. It is not in dispute that the applicant was on bail pending trial and that he has not abused or misused the liberty granted to him. The Appeal has been admitted by a separate order passed today and the same is not likely to come up for the hearing in the immediate near future.

3/3 5.

Considering the aforesaid, the application is allowed and the applicant is enlarged on bail, pending the hearing and final disposal of his Appeal, on the following terms and conditions :

ORDER

(i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (ii) The applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court and to the concerned Police Station, in writing. 6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.