Mainuddin Ajijullah Ansari v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3702 OF 2024 IN CRIMINAL APPEAL NO.1001 OF 2024 Mainuddin Ajijullah Ansari .... Applicant versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Nadeem M. S. Shiakh a/w Ashraf Fakih, Advocate for Applicant.

• Mr. Vinit A. Kulkarni, APP for the State/Respondent. .......

CORAM

: SARANG V. KOTWAL, J.

DATE : 18th SEPTEMBER, 2024 P.C. :

1.

The Applicant was the accused in Special Case No.413 of 2023 before the Additional Sessions Judge, Bhiwandi. The learned Judge vide his Judgment and order dated 25/07/2024 convicted the Applicant for commission of offence punishable u/s 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to suffer rigorous imprisonment Digitally signed by MANUSHREE NESARIKAR Date:

2024.09.19 12:56:05 +0530 MANUSHREE NESARIKAR for three years and to pay a fine of Rs.5,000/- and in default of payment of fine to suffer simple imprisonment for six months. Nesarikar

2 / 3 The Applicant was acquitted from the charges u/s 376 (AB) of the Indian Penal Code and u/s 6 r/w 5 (m) of the Protection of Children from Sexual Offences Act, 2012.

2.

Learned counsel for the Applicant submitted that the Applicant at present is 77 years of age. Out of sentence of 3 years, he has already suffered imprisonment for 2 years, 6 months and 8 days. Only a short period has remained to be undergone. He submitted that he has a good case on merits. After the conviction, the Applicant was granted temporary bail u/s 389 of Cr.P.C. by the learned Trial Judge. 3.

Considering these submissions, following order is passed :

O R D E R

(i) Issue notice to the Respondent No.2 returnable on 15/10/2024.

(ii) The investigating agency shall inform the Respondent No.2 about the next date of listing and shall make a statement to that effect before the Court.

3 / 3 (iii) Till 15/10/2024, the order of granting bail to the Applicant passed by the learned Trial Judge, shall continue.

(iv) Stand over to 15/10/2024.

(SARANG V. KOTWAL, J.)