Najeer Maqbul Khan vs The State Of Maharashtra And Anr
2021 Latest Caselaw 5933 Bom

                                                                        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 15:19:09 :::
                                                                         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 15:19:09 :::
                                                                        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