← Library
Bombay High CourtAPPLN/1995/2021application allowed

Adesh Suresh Borde v. The State Of Maharashtra

2021-09-21Hon'Ble Shri Justice S. P. Tavade2 pages

915- Cri. Application No. 1995 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1995 OF 2021 IN CRIMINAL APPEAL NO. 430 OF 2021 Adesh S/o Suresh Borde, Age : 20 Years, Occ. Labour, R/o. Shankar Nagar, Jalna ..Applicant

VERSUS

The State of Maharashtra, Through Police Inspector, Kadim Jalna Police Station, Jalna.

.. Respondent ...

Miss. Sunita G. Sonawane, Advocate for the Applicant A.P.P for Respondent-State : Mr. R. B. Bagul ....

CORAM : SURENDRA P. TAVADE, J.

DATE : 21.09.2021 PER COURT :- This is an application for bail, pending the appeal. The applicant was tried and convicted for the ofences punishable under Section 354, 354(D), 506 of the Indian Penal Code and Section 11(i) r/w Section 12 of Protection of Children From Sexual Ofences Act, 2012 ( in short ''POCSO'' Act). The applicant was sentenced to sufer rigorous imprisonment for two years under Section 354 and 354 (D) of the Indian Penal

915- Cri. Application No. 1995 of 2021.odt Code and section 11(i) r/w Section 12 of POCSO Act. It is contended that applicant was on bail during the pendency of the trial. After his conviction he was released on bail for a period of one month. The said period was expired on 8th September, 2021.

2.

Considering the nature of ofence and quantum of sentence, it is appropriate to release the applicant on bail by imposing some conditions. Hence, I proceed to pass following order :

O R D E R

(i) The application is allowed.

(ii) The applicant is ordered to be released on bail on executing PR and SB of Rs. 15,000/- ( Rupees Fifteen Thousand) with condition that applicant shall not to tamper the evidence of prosecution in any manner, whatsoever.

(iii) He is directed to attend this Court regularly during the pendency of appeal.

(iv) Bail before the trial Court.

Present Criminal Application be disposed of.

( SURENDRA P. TAVADE ) JUDGE ysk