Vikas Haribhau Jadhav vs The State Of Maharashtra And Anr
2021 Latest Caselaw 10433 Bom

P.H. Jayani                                        20 IA1479.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1479 OF 2021
                                  IN
                    CRIMINAL APPEAL NO. 482 OF 2021

Vikas Haribhau Jadhav                          .... Applicant
           v/s.
The State of Maharashtra and anr.              .... Respondents

Mr. Gopal Bhosale for the Applicant.
Mr. S.V. Gavand, APP for the State.
Mrs. Farhana Shah for Respondent No.2.

                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 05th AUGUST, 2021.

P. C. :-

. This is an Application under Section 389 of Cr.P.C. filed by the

aforesaid Applicant seeking suspension of sentence imposed by

judgment dated 23/03/2021 passed by Extra Joint Addl. Sessions

Judge, Pune in Special Case (POCSO) No.357/2019 and enlargement

on bail.

2. The Applicant has been held guilty for offences punishable under

Sections 354-D, 506 of the Indian Penal Code and under Section 12 of

the Protection of Children from Sexual Offences (POCSO) Act, 2012

and sentenced to undergo rigorous imprisonment for one year and to

pay fine of Rs.5,000/- in default to undergo rigorous imprisonment for

P.H. Jayani 20 IA1479.2021.doc

one month.

3. Heard Mr. Gopal Bhosale, learned counsel for the Applicant, Mr.

S.V. Gavand, learned APP for the State and Ms. Farhana Shah, learned

counsel for Respondent No.2 - victim. I have perused the records and

considered the submissions advanced by the learned counsel for the

respective parties.

4. It is the case of the prosecution that the Applicant herein had

committed sexual harassment on the victim who, at the time of the

incident, was 17 years of age. The Applicant has been sentenced to

undergo imprisonment for maximum term of 03 years. Considering the

large pendency as well as the present situation arising from Covid-19

pandemic, the Appeal is not likely to come up for final hearing in the

immediate future. The Applicant was on bail during the pendency of

the trial and had not misused the liberty.

5. Considering the above facts and circumstances, this is a fit case

for suspension of sentence pending final disposal of the Appeal. Hence,

the Interim Application is allowed on following terms and conditions :-

                       P.H. Jayani                                          20 IA1479.2021.doc

                      (a)     The Applicant is ordered to be released on bail on furnishing bail

bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two

sureties in the like amount to the satisfaction of the Trial Court ;

(b) The Applicant shall keep the Trial Court informed of his current

address and mobile contact numbers and/or change of residence or

mobile details, if any, from time to time ;

(c) The Applicant shall report to the Trial Court, once in four months

on the day/date specified by the Trial Court, till the Appeal is finally

disposed of ;

(d) 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 Interim Application stands disposed of in above terms.

PREETI                                                (SMT. ANUJA PRABHUDESSAI, J.)
H JAYANI
Digitally signed by
PREETI H JAYANI
Date: 2021.08.20
14:15:41 +0530