Amol Ashok Nikam vs The State Of Maharashtra And Anr
2021 Latest Caselaw 6914 Bom

                                                                                22-IA-850-2021.doc



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                         CRIMINAL INTERIM APPLICATION NO. 850 OF 2021
                                             IN
                               CRIMINAL APPEAL NO. 225 OF 2021

            Amol Ashok Nikam                                           ...Applicant
                Versus
            The State of Maharashtra & Anr.                            ...Respondents


            Ms. Prajakta Pawar i/b Mr. Milind Pawar for the Applicant

            Mr. S. V. Gavand, A.P.P for the Respondent No.1-State
            Mr. Sumit Sonare 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 27th January

            2021 passed by the learned Extra Joint Additional Sessions Judge, Pune, in

            Special Case (POCSO) No. 510/2017, has been convicted and sentenced as

            under:-


                      -       for the offences punishable under Sections 354, 354-D of the

                      Indian Penal Code and Section 8 of the Protection of Children from

                      Sexual Offences Act, to suffer rigorous imprisonment for 4 years and

                      to pay fine of Rs.5,000/-, in default of payment of fine, to undergo

                      rigorous imprisonment for 1 year;


                      -       for the offence punishable under Section 11 of the Protection of

                      Children from Sexual Offences Act, to suffer rigorous imprisonment

                      for 1 year and to pay fine of Rs.2,000/-, in default of payment of

                      fine, to undergo rigorous imprisonment for 3 months.


                      Both the aforesaid sentences were directed to run concurrently.


            4                 It is not in dispute that the applicant was on bail pending trial

            and that he has not misused or abused the liberty granted to him.




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            5                 Learned counsel for the respondent No. 2 apprehends that the

            applicant is likely to threaten the respondent No. 2 as well as her parents.

            He submits that stringent conditions be imposed on the applicant.


            6                 The appeal has been admitted by this Court vide order dated

            22nd March 2021. The sentence awarded is a short term sentence and the

            appeal is not likely to be heard in the immediate near future.


            7                 Accordingly, 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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                                                                                   22-IA-850-2021.doc


                     (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;

8 The application is disposed of accordingly.

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

REVATI MOHITE DERE, J.

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