Sohrab Salim Shaikh And ANR v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1033 OF 2025 IN CRIMINAL APPEAL NO.250 OF 2025 Sohrab Salim Shaikh And Anr .... Applicants V/s.
The State Of Maharashtra And Anr .... Respondents ---- Mr.Mohd. Umar Kazi, for the Applicants.
Ms.S.D. Shinde, APP, for Respondent-State.
Mr.Khanse, PSI, Dehuroad Police Station.
by NILAM SANTOSH KAMBLE Date: 2025.05.09 10:35:53 +0530 NILAM SANTOSH KAMBLE ---- CORAM : SHIVKUMAR DIGE, J.
DATE : 02nd MAY 2025 P.C:- .
This is an application for suspension of sentence and for bail.
2.
Heard learned counsel for the Applicants and learned APP for Respondent-State.
3.
The Applicants have been convicted by the Special Judge and Additional Sessions Judge, Vadgaon Maval, for the offence punishable under Section 354 of the Indian Penal Code ('IPC' for short) and have been sentenced to suffer SI for six N.S. Kamble page 1 of 3
months and fine of Rs.5,000/- in default of SI for one month. The Applicants have been convicted for the offence punishable under Section 323, 504 and 506 of the IPC and have been sentenced to suffer fine of Rs.5,000/- in default SI for one month and under Sections 12 of the Protection of Children From Sexual Offences Act 2012 ('POCSO' for short). The Applicants have been sentenced to suffer SI for 6 months with fine of Rs.5,000/-. The learned Special Court has suspended the sentence during the appeal period and has granted interim bail to the Applicants. Hence, requested to continue the said order.
4.
The learned APP for the Respondent-State and learned counsel for Respondent No.2 strongly objected to allow the Application.
5.
I have heard both learned counsel.
6.
Considering the submission of both learned counsel as well as sentence imposed on the Applicants is short term sentence. During trial Applicants were on bail. They have not misused the liberty. Considering these facts, the sentence is suspended till final disposal of the Appeal. Hence, I pass N.S. Kamble page 2 of 3
following order.
ORDER
(i) The substantive sentence imposed on the Applicants in POCSO Special Case No.112 of 2022 is suspended till final disposal of the Appeal.
(ii) The bail bonds furnished before the learned Special Judge is continued till final disposal of the Appeal.
(iii) The Criminal Application is disposed of.
(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3