Subhash Namdeo Bhalerao vs The State Of Maharashtra And Anr
2021 Latest Caselaw 6910 Bom

                                                                               25-IA-1227-2021.doc



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                        CRIMINAL INTERIM APPLICATION NO. 1227 OF 2021
                                            IN
                              CRIMINAL APPEAL NO. 349 OF 2021

            Subhash Namdeo Bhalerao                                    ...Applicant
                Versus
            The State of Maharashtra & Anr.                            ...Respondents


            Mr. Sachin Gite for the Applicant

            Mr. S. V. Gavand, A.P.P for the Respondent No.1-State
            Ms. Devyani Kulkarni, Appointed Advocate for the Respondent No. 2


                                               CORAM : REVATI MOHITE DERE, J.
                                               (THROUGH VIDEO-CONFERENCING)
                                               FRIDAY, 30th 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.




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            3                 The applicant, vide judgment and order dated 8 th March 2021

            passed by the learned Additional Sessions Judge and Special Judge

            (POCSO), Nashik, in Session Case (POCSO) No. 396/2018, has been

            convicted and sentenced as under:


                      -       for the offences punishable under Section 354-A of the Indian

                      Penal Code and Section 7 r/w 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 even post his conviction, his sentence has been suspended to enable the

            applicant to file an appeal. It is also not in dispute that whilst on bail, the

            applicant has not misused or abused the liberty granted to him. The appeal

            has been admitted by this Court vide order dated 8 th April 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

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            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 not tamper with the evidence or

attempt to influence, threaten or contact the victim, witnesses or any

person concerned with the case;

(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;

6 The application is disposed of accordingly.

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                                                                                25-IA-1227-2021.doc


            7                 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.

8 Copy of this order be forwarded to The High Court Legal

Services Committee, Mumbai, for information and necessary action.

9 All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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