Roshan S/O. Rajesh Pawar v. State Of Mah. Thr. Pso, Ps- Badnera Tah. And Dist. Amravati And Another.

2024:BHC-NAG:1418 1 25-apeal-35-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 111 OF 2024 IN CRIMINAL APPEAL NO. 35 OF 2023 Roshan S/o. Rajesh Pawar Vs.

State of Maharashtra and another ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mrs. Meena Hiwase, Advocate for applicant.

Shri Neeraj Jawade, APP for non-applicant no. 1/State. Ms. F. N. Haidari, Advocate (appointed) for non-applicant no. 2. CORAM :- M. W. CHANDWANI, J.

DATED :- 05.02.2024 Heard.

2.

By the present application, the applicant is seeking suspension of the substantive sentence and prayed for releasing him on bail pending the appeal. The applicant has been convicted for the offence punishable under Section 376(2)(i) and Section 506(2) of the Indian Penal Code as well as under Sections 4 to 6 of the Protection of Children form Sexual Offences (POCSO) Act,2012.

3.

The applicant is sentenced to suffer rigorous imprisonment for 10 years for the offence punishable under Section 6 of the POCSO Act and to pay a fine of 5,000/-. The applicant was further directed to suffer

2 25-apeal-35-23.odt rigorous imprisonment of 3 years for the offence punishable under Section 506(2) of the IPC and to pay fine of 2,000/-. No separate sentence was awarded as far as Section 376 of the IPC and Section 4 of the POCSO Act.

4.

At the outset, it is to be mentioned here that the present application for suspension of sentence in the appeal is not made on merit. Rather, the Court has already shown its disinclination to suspend the sentence, and accordingly earlier application came to be withdrawn. However, the present application is made solely on the ground that the applicant is suffering from oral cancer i.e. Buccal Mucosa and the disease is at StageIV, which is a life threatening disease. The applicant is unable to even eat properly and consequently even chemotherapy cannot be given during the treatment in jail. The applicant has filed the documents to support his contention.

5.

Perusal of the discharge card of the Regional Referral Services Hospital, Amravati, where he was admitted for the treatment of oral cancer called Buccal Mucosa shows that the said disease is at advanced stage i.e. Stage-IV. The learned APP for the State though oppose the application but, has confirmed about the disease and its stage. Considering the gravity of the disease and the fact that it is in advanced stage, which in most of the cases is proved to be fatal. A case is made out

3 25-apeal-35-23.odt for suspension of substantive sentence and grant of bail, purely on medical grounds. Hence, I proceed to pass the following order:- i) The application is allowed.

ii) During the pendency of the appeal, the substantive sentence awarded to the applicant vide judgment and order dated 28.11.2022 passed by the learned Additional Sessions Judge, Amravati in Spl. POCSO Case No. 105/2017 shall remain suspended. iii) The applicant be released on bail on he executing a PR bond of 15,000/- (Rs. Fifteen Thousand) with one solvent surety in the like amount.

iv) The applicant shall appear before this Court at the time of final hearing of the appeal.

v) The fees of learned counsel appointed to represent the non-applicant no. 2 shall quantify as per rules.

The Registry is directed to process the appeal as per rules.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 05/02/2024 19:19:59