Bombay High Court
Shivanand Ramgonda Hegaje Patil vs The State Of Maharashtra And Anr on 26 April, 2021
Bench: R.P. Mohite-Dere
14. IA 1077-21 IN A 293-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1077 OF 2021
IN
CRIMINAL APPEAL NO. 293 OF 2021
Shivanand Ramgonda Hegaje Patil ...Applicant
Versus
State of Maharashtra and Anr. ...Respondents
Ms. Anjali Patil for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
Ms. Devyani Hemant Kulkarni appointed as an Amicus Curiae for the
Respondent No.2.
CORAM : REVATI MOHITE DERE, J.
DATE : 26th 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 22/02/2021
passed by the learned Special Judge (Under POCSO Act) and Additional
Sessions Judge, Sindhudurg in Special (POCSO) Case No.03 of 2019, has
been convicted and sentenced as under :-
- for the offence punishable under Section 10 of the Protection of
Children from Sexual Offences Act, 2012, to suffer rigorous
imprisonment for 5 years and to pay fine of Rs.5,000/-, in default to
undergo further simple imprisonment for 2 months;
- for the offence punishable under Section 506 of the Indian
Penal Code to suffer rigorous imprisonment for 6 months;
Since the applicant was sentenced for the offence punishable
under Section 10 of the Protection of Children from Sexual Offences
Act, 2012, no separate sentence was awarded for the offences
punishable under Section 354 of the Indian Penal Code and Section
12 of the Protection of Children from Sexual Offences Act, 2012. As
far as Section 323 is concerned, the applicant is acquitted, of the said
offence.
4 It appears that the applicant was on bail, pending trial and that
he has not abused or misused the liberty granted to him. The appeal has
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been admitted by a separate order passed on 30/03/2021 in the aforesaid
appeal. The sentence awarded is a short term sentence. The same is not
likely to be heard in the immediate near future. Even otherwise, arguable
questions have been raised by the learned Counsel for the applicants.
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 :-
ORDER
i) The applicant be released on cash bail in the sum of
Rs.15,000/-, for a period of eight weeks;
ii) The applicant shall within the said period of eight weeks,
furnish P.R. Bond in the sum of Rs.15,000/-, with one or two sureties in
the like amount;
iii) The applicant shall report to the trial Court, once in six months
on the day/date specified by the trial Court, till his appeal is finally
disposed of;
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iv) 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;
v) 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.
6. The High Court Legal Services Committee to pay the fees as
per Rules, to Ms.Devyani Kulkarni, learned appointed Advocate, who has
espoused the cause of the respondent No.2.
7. Copy of this order be forwarded to the High Court legal
Services Committee, for information and necessary action.
8. The application is accordingly disposed of.
9. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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