Bombay High Court
Anil S/O Rajendra Limbhore vs The State Of Maharashtra And Anr on 7 April, 2021
Bench: R.P. Mohite-Dere
32-IA-831-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 831 OF 2021
IN
CRIMINAL APPEAL NO. 216 OF 2021
Anil S/o Rajendra Limbhore ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Nitish Mohite i/b Mr. Abhishek Kulkarni for the Applicant
Mr. S. V. Gavand, A.P.P for the Respondent No.1-State
Ms. Trupti Khamkar, appointed Advocate for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 7th 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
the appeal.
3 The applicant, vide judgment and order dated 8th February
2021, passed by the learned Extra Joint Additional Sessions Judge, Pune, in
SQ Pathan 1/4
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32-IA-831-2021.doc
Special Case (POCSO) No. 59 of 2020, 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, 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.
4 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 10 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.
5 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 :
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32-IA-831-2021.doc
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 application is accordingly disposed of.
SQ Pathan 3/4
32-IA-831-2021.doc
7 The High Court Legal Services Committee to pay the fees as
per Rules, to Ms. Trupti Khamkar, 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, for information and necessary action.
9 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
