Bombay High Court
Pradip Sheshraosinh Solanki vs The State Of Maharashtra And Ors on 19 April, 2021
Bench: R.P. Mohite-Dere
3. IA 910-2021 in A 239-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 910 OF 2021
IN
CRIMINAL APPEAL NO. 239 OF 2021
Pradip Sheshraosinh Solanki ...Applicant
Versus
State of Maharashtra and Ors. ...Respondents
Mr. Sujay H. Gangal for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent No.1-State.
Mr. Tejas Hilage, appointed as an Amicus Curiae for the Respondent Nos.2
to 5.
CORAM : REVATI MOHITE DERE, J.
DATE : 19th APRIL, 2021
(Through Video-Conferencing)
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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3. The applicant, vide judgment and order dated 16/02/2021
passed by the learned Additional Sessions Judge, Pune, in Special Case
No.149 of 2015, has been convicted and sentenced as under :-
- for the offence punishable under Section 8 of the Prevention of
Children from Sexual Offences Act, to suffer rigorous imprisonment
for 4 years and to pay fine of Rs.1,000/-, in default to undergo further
simple imprisonment for 3 months;
- for the offence punishable under Section 10 of the Prevention
of Children from Sexual Offences Act, to suffer rigorous
imprisonment for 6 years and to pay fine of Rs.1,000/-, in default, to
undergo further simple imprisonment for 3 months;
The applicant was acquitted of the offence punishable under
Section 354-A of the Indian Penal Code.
All the substantive sentences were directed to run concurrently.
4 Learned Counsel for the applicant submits that the applicant
was on bail pending trial and that he has not abused or misused the liberty
granted to him. He further submits that there are several infirmities in the
evidence of the victim girls and that no independent witness has been
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examined in the said case. He submits that the evidence on record shows
that there was a dispute between the complainant and the applicant,
pursuant to which, a false complaint was registered as against the applicant.
He further submits that the Learned Judge acquitted the applicant for the
offence punishable under Section 354-A of the Indian Penal Code,
however, convicted the applicant under Sections 8 and 10 of the Prevention
of Children from Sexual Offences Act. He submits that having regard to
the sentence awarded and the fact that the appeal is not likely to be heard in
the immediate near future, the applicant's sentence be suspended and he be
enlarged on bail.
5. Learned Counsel for the Respondent Nos.2 to 5 as well as
Learned APP opposed the application.
6. It is not in dispute that the applicant was on bail pending trial
and that he has not abused or misused the liberty granted to him. The
sentence awarded is a short term sentence. The appeal has been admitted
by a separate order passed today, in the aforesaid appeal. The same is not
likely to be heard in the immediate near future. Having heard learned
Counsel for the applicant and having regard to the evidence on record, the
applicant has prima facie, made out a case for suspension of his sentence
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and enlargement on bail.
7. 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;
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
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of bail.
8. The application is accordingly disposed of.
9. The High Court Legal Services Committee to pay the fees as
per Rules, to Mr. Tejas Hilage, learned appointed Advocate, who has
espoused the cause of the respondent Nos.2 to 5.
10. Copy of this order be forwarded to the High Court legal
Services Committee, for information and necessary action.
11. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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