Sachin Dattatray Giri v. State Of Maharashtra And ANR

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2636 OF 2025 IN CRIMINAL APPEAL NO. 739 OF 2025 Sachin Dattatray Giri ...Appellant

Versus

State Of Maharashtra And Anr

...Respondents

HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.11.11 18:38:46 +0530 ------ Mr. Veerdhaval Kakade a/w Rutik Kashid for the Appellant. Ms. Vedantika Naik appointed through Legal Aid Committee for Respondent No. 2 Mr. S. H. Yadav, APP for the State.

------ CORAM :

SHIVKUMAR DIGE, J.

DATE :

7th NOVEMBER, 2025 P.C.:

1.

By this application, the applicant is seeking suspension of sentence imposed on him.

2.

It is contention of learned counsel for the applicant that the applicant has been convicted by learned Additional Sessions Judge and Special Judge at Phaltan under Section 376(2)(f), 376(2)(i), 376(2)(j), 376(2)(n) and 376-AB of the Indian Penal Code, 1860 and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The maximum

punishment imposed on the applicant is of 10 years and fine of Rs. 1,000/- in each offence. The applicant has deposited the fine amount. If not deposited the applicant will deposit the fine amount before released from the jail. Learned counsel further submits that the applicant is behind bar almost 6 years out of 10 years. Hence, requested to allow the application. 3.

Learned APP strongly objected to allow the application on the ground that if the applicant released on bail he may abscond and requested to reject the application.

4.

I have heard both learned counsel. Perused the impugned judgment and order.

5.

The applicant has undergone more than half of the sentence. It may take time to dispose of the appeal. Considering this fact, the applicant's sentence is suspended and he be enlarged on bail, till pending the hearing and final disposal the appeal, on the following terms and conditions.

ORDER

The applicant be enlarged on bail on furnishing P. R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

6.

Interim Application is allowed in the aforesaid terms and

disposed off.

7.

All concerned to act on the authenticated copy of this order.

8.

As Ms. Vedantika Naik is appointed through Legal Aid Committee to represent respondent no. 2, professional fees of Rs.10,000/- be paid to her.

[SHIVKUMAR DIGE, J.]