Bombay High Court
Najeer Maqbul Khan vs The State Of Maharashtra And Anr on 1 April, 2021
Bench: R.P. Mohite-Dere
32-IA-501 @ 502-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 501 OF 2021
(For Bail)
WITH
CRIMINAL INTERIM APPLICATION NO. 502 OF 2021
(For Suspension)
IN
CRIMINAL APPEAL NO. 138 OF 2021
Najeer Maqbul Khan ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Kiran Varma i/b Mr. Ravindra B. Mungekar for the Applicant
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent No.1-State
None for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
THURSDAY, 1st APRIL 2021
P.C. :
1 Heard learned counsel for the parties.
2 By these applications, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the appeal.
SQ Pathan 1/3
::: Uploaded on - 05/04/2021 ::: Downloaded on - 04/09/2021 15:19:13 :::
32-IA-501 @ 502-2021.doc
3 The applicant, vide judgment and order dated 17th December
2020, passed by the learned Special Judge under POCSO Act, Greater
Mumbai, in Special POCSO Case No. 527 of 2016, has been convicted and
sentenced as under:
- for the offence punishable under Section 354A of the Indian
Penal Code and under Section 8 of the Protection of Children from
Sexual Offences Act (`POCSO Act'), to suffer rigorous
imprisonment for 3 years and to pay fine of Rs.10,000/-, in default,
to undergo simple imprisonment for 3 months.
4 It is not in dispute that the applicant was on bail, pending trial
and even post his conviction, his sentence was suspended by the trial Court.
It is also not in dispute that whilst on bail, the applicant has not abused or
misused the liberty granted to him. The appeal has been admitted by vide
order dated 24th February 2021 and the same is not likely to come up for the
hearing in the immediate near future. The sentence awarded is a short term
sentence.
5 Considering the aforesaid, the applications are allowed and
the applicant's sentence is suspended and he is enlarged on bail, pending
SQ Pathan 2/3
::: Uploaded on - 05/04/2021 ::: Downloaded on - 04/09/2021 15:19:13 :::
32-IA-501 @ 502-2021.doc
the hearing and final disposal of his appeal, on the following terms and
conditions :
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.15,000/- with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till his appeal is
finally disposed of;
iii) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before the
trial Court, the learned Judge shall make a report to the High Court
and the prosecution would be at liberty to file an application seeking
cancellation of applicant's bail.
6 The applications are accordingly disposed of.
7 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 3/3
