Bombay High Court
Shankar S/O Rajan Bhondekar (In ... vs State Of Maharashtra, Thr. Police ... on 5 April, 2021
Bench: V. G. Joshi
1 12 appa 234.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.234 OF 2021
IN
CRIMINAL APPEAL NO. 151 OF 2021
Shankar s/o Rajan Bhondekar
..vs..
State of Maharashtra, thr. P.S.O.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Parag Ukey, Advocate for Applicant.
Mrs. S.S. Jachak, A.P.P. for Non-applicant/State.
CORAM : VINAY JOSHI, J.
DATED : 05/04/2021
Hearing was conducted through Video
Conferencing.
2. Heard.
The Applicant/Accused was convicted in Special
POCSO Case No.54 of 2017 by Special Judge vide its
judgment and order dated 09.02.2021 for the offence
punishable under Sections 452, 354 of the Indian Penal
Code and Section 7 read with 8 of the Protection of
Children from Sexual Offences Act, 2012 (for short
'POCSO Act'). The maximum sentence imposed by the
Trial Court is to under go rigorous imprisonment for four
years for the offence punishable under Section 452 of the
Indian Penal Code and Section 8 of The POCSO Act with
direction to run both sentence concurrently. Besides that
total fine of Rs.8,000/- has been imposed with default
clause. The Applicant is seeking for suspension of
execution of sentence till disposal of appeal.
2 12 appa 234.2021
3. Learned Counsel for the applicant would submit
that at the time of occurrence, the victim was major and
therefore, the provision of POCSO Act would not attract.
In this regard, he took me through the portion of the
evidence of victim's mother. Besides that he has pointed
out certain portion of cross-examination of the victim to
impress that the incident was after-thought. Moreover, he
submit that, there was considerable delay in lodgment of
F.I.R.. Precisely, he endeavored to show that the applicant
has fair chances to succeed in the appeal and therefore, he
deserve for suspension. Learned A.P.P. has resisted this
application by contending that after full fledge trial, the
Special Court has recorded the finding of guilt.
4. The Applicant/Accused is punished with fixed
term of imprisonment. Admittedly, during pendency of
trial, he was on bail. Unless, there exists exceptional
circumstance, execution of sentence can be suspended
when the substantive sentence does not run for longer
period. The appeal will take it's own time for disposal in
accordance with law. If, during meantime, the Applicant is
kept in jail, then irreversible position may occur, in case he
success in appeal. Having regard to all these facts,
following order is passed :
(a) The Criminal Application stands allowed.
(b) The Execution and implementation of substantive
sentence passed in Special POCSO Case No. 54 of
2017 by Additional Sessions Judge, Gondia is
hereby suspended till disposal of appeal on
condition that, the Applicant/Accused shall
deposit entire fine amount within two weeks from
3 12 appa 234.2021
today.
(c) In the meantime, (i.e. after deposit of fine
amount) the Applicant/Accused shall be released
on bail on his furnishing P.R. bond of Rs.15,000/-
with one surety in the like amount.
(d) The Trial Court shall ensure to execute this order
i.e. to issue released order only after verifying that
the entire fine amount has been deposited.
5. Criminal Application stands disposed of
accordingly.
JUDGE
Trupti
