Suraj Ashok Jadhav v. The State Of Maharashtra And ANR.

14_IA522_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.522 OF 2022 WITH INTERIM APPLICATION NO.523 OF 2022 IN CRIMINAL APPEAL NO.141 OF 2022 Suraj Ashok Jadhav ...

Applicant vs.

The State of Maharashtra and another ...

Respondents Mr. R. V. Gupta for Applicant.

Smt. J. S. Lohokare, APP for Respondent No.1-State. Mr. Sandeep R. Karnik, Appointed Advocate for Respondent No.2. CORAM : SARANG V. KOTWAL, J DATE : 6th SEPTEMBER, 2022 P.C. :

1.

These are the applications for suspension of sentence and releasing the applicant on bail.

2.

The applicant was convicted for commission of offences punishable under Section 11 r/w. Section 12 of the Prevention of Children from Sexual Offences Act, 2012 and under Section 354D of IPC and sentenced to suffer R.I. for 3 years with fine of Rs.3,000/-, in default to suffer S.I. for 2 months. 3.

The prosecution case is that the accused was following and harassing the victim, who was about 15 years of age at the time of the incident. On 9 th December, 2019, he followed the victim on his motor cycle and told her that he loved her. Thereafter, the victim left from there and she deposed that on the earlier occasions also, he had misbehaved with her. 1/2

14_IA522_22.doc 4.

The incident took place in the year 2019. The sentence imposed on the applicant is 3 years and the appeal is not likely to be decided within that period. The applicant has some arguable points, which can be decided at the final hearing stage. The applicant was on bail during trial and there are no allegations that he has misused the liberty. In view thereof, the applicant can be released on bail.

5.

Hence, the following order:- (i) During the pendency and final disposal of Criminal Appeal No.141/2022, the applicant is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The applicant is permitted to furnish cash bail security for a period of 4 weeks. Within this period, he will have to furnish sureties as directed.

6.

Both the applications are disposed of accordingly. (SARANG V. KOTWAL, J) Priya Kambli 2/2