Bombay High Court
Santosh Atmaram Mhatre vs The State Of Maharashtra And Anr on 7 April, 2021
Bench: R.P. Mohite-Dere
33-IA-936-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 936 OF 2021
IN
CRIMINAL APPEAL NO. 243 OF 2021
Santosh Atmaram Mhatre ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Gaurav Parkar for the Applicant
Ms. S. V. Sonawane, A.P.P for the Respondent No.1-State
None for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 7th APRIL 2021
P.C. :
1 The office noting shows that the notice was served on the
respondent No. 2 and that she has requested that an advocate from the Legal
Aid Panel be appointed to espouse her cause.
2 Accordingly, Advocate Mr. Ratnesh Dube, who is on the Panel
of the High Court Legal Services Committee, is appointed to espouse the
cause of the respondent No. 2.
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33-IA-936-2021.doc
3 A copy of the aforesaid application is served by the learned
counsel for the applicant, on the learned appointed advocate. He requests
for a keep back, to go through the papers. Accordingly, the matter is kept
back.
On Second Call
4 Heard learned counsel for the parties.
5 By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
the appeal.
6 The applicant along with the co-accused, vide judgment and
order dated 23rd September 2020, passed by the learned Extra Joint
Additional District and Sessions Judge, Raigad, Alibag, in Special
(POCSO) Case No. 11 of 2020, has been convicted and sentenced as under:
- for the offence punishable under Sections 11 r/w 12 of the
Protection of Children from Sexual Offences Act, to suffer rigorous
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imprisonment for 2 years and to pay fine of Rs.10,000/- each, in
default of payment of fine, to undergo simple imprisonment for 1
month.
Out of the fine amount, the victim girl was to be given
compensation under Section 357 of the Criminal Procedure Code.
7 It is not in dispute that the applicant was on bail pending trial
and has not misused or abused the liberty granted to him. The applicant
has deposited the fine amount as awarded by the trial Court. The appeal
has been admitted vide order dated 17 th March 2021. The sentence
awarded is a short term sentence and the appeal is not likely to be heard in
the immediate near future.
8 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.15,000/- with one or two sureties in the like amount;
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33-IA-936-2021.doc
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.
9 The application is accordingly disposed of.
10 The High Court Legal Services Committee to pay the fees as
per Rules, to Mr. Ratnesh Dube, learned appointed Advocate, who has
espoused the cause of the respondent No. 2.
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33-IA-936-2021.doc
11 Copy of this order be forwarded to the High Court Legal
Services Committee, for information and necessary action.
12 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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