Bombay High Court
[email protected] Ramchandra ... vs The State Of Maharashtra And Anr on 6 April, 2021
Bench: R.P. Mohite-Dere
35. IA 835-2021 in A 221-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 835 OF 2021
IN
CRIMINAL APPEAL NO. 221 OF 2021
Nishad @ Deepak Ramchandra Chaudhari ...Applicant
Versus
State of Maharashtra and Anr. ...Respondents
Mr. Gaurav Parkar for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent No.1-State.
Ms. Monali Patil appointed as Amicus Curiae for the Respondent No.2.
CORAM : REVATI MOHITE DERE, J.
DATE : 6th APRIL, 2021
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
his appeal.
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35. IA 835-2021 in A 221-21.doc
3. The applicant alongwith co-accused, vide judgment and order
dated 22/01/2021 passed by the learned Extra Joint District and Additional
Sessions Judge, Alibag, Raigad in Special (POCSO) Case No.65 of 2020,
has been convicted and sentenced as under :-
- for the offence punishable under Section 7 read with Section 8
of the Protection of Children from Sexual Offence Act, 2012, to
suffer rigorous imprisonment for 3 years and to pay fine of
Rs.5,000/-, in default to undergo further simple imprisonment for 1
month;
Fine amount if deposited, was to be paid as compensation to
the victim under Section 357 of the Code of Criminal Procedure;
4 Learned Counsel for the applicant submits that the applicant is
in custody for about one year and that the maximum sentence imposed on
the applicant is three years.
5. The appeal has been admitted vide order dated 17/03/2021.
The sentence imposed is a short term sentence and the appeal is not likely
to be heard in the immediate near future. The applicant is in custody for
about one year.
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35. IA 835-2021 in A 221-21.doc
6. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending 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.10,000/- with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in three
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 bail.
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35. IA 835-2021 in A 221-21.doc
7. The High Court Legal Services Committee, Mumbai, to pay the fees
as per Rules, to Ms.Monali Patil, learned appointed Advocate, who has
espoused the cause of the respondent No.2.
8. Copy of this order be forwarded to the High Court legal
Services Committee, Mumbai, for information and necessary action.
9. The application is accordingly disposed of.
10. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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