Bombay High Court
Shamsshuddin Kamluddin ... vs The State Of Maharashtra And Anr on 7 April, 2021
Bench: R.P. Mohite-Dere
25-IA-570-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 570 OF 2021
IN
CRIMINAL APPEAL NO. 152 OF 2021
Shamsshuddin Kamluddin Chaudhari ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Ms. Saima Ansari h/f Mr. Firoz Ansari for the Applicant
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 7th APRIL 2021
P.C. :
1 Learned A.P.P submits that pursuant to the orders dated 1st
April 2021 and 5th April 2021, the Officer of the concerned Police Station
has informed the respondent No. 2 of today's date. Learned A.P.P has
tendered a report dated 7th April 2021. The same is taken on record. It
appears that the respondent No. 2 has requested that an advocate from the
Legal Aid Panel be appointed to espouse her cause.
2 Accordingly, Advocate Ms. Megha Gowlani is appointed to
espouse the cause of the respondent No. 2.
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25-IA-570-2021.doc
3 Learned counsel for the applicant has served a copy of the
aforesaid application on the learned appointed advocate. She requests for a
keep back, to go through the same. Accordingly, the matter is kept back.
At 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, vide judgment and order dated 24th December
2020, passed by the learned Extra Joint Additional Sessions Judge, Pune, in
Special Case (POCSO) No. 82 of 2020, has been convicted and sentenced
as under:
- for the offence punishable under Section 354 of the Indian
Penal Code and under Sections 7 and 8 of the Protection of Children
from Sexual Offences Act, to suffer rigorous imprisonment for 3
years and to pay fine of Rs.5,000/-, in default of payment of fine, to
undergo simple imprisonment for 3 months.
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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 4th 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;
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;
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25-IA-570-2021.doc
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.
7 The application is accordingly disposed of.
8 A copy of this order be forwarded to the High Court Legal
Services Committee, for information.
9 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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