Bombay High Court
Nabiulla @ Babalu Jaysulla Samani vs The State Of Maharashtra on 10 August, 2021
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.418 OF 2020
IN
CRIMINAL APPEAL NO.120 OF 2020
Nabiulla @ Babalu Jaysulla Samani Applicant
versus
The State of Maharashtra and another Respondents
Mr.Gautam J. Jain h/for N.J.Bhatt for applicant.
Mr.Y.Y.Dabake, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 10th August 2021
PC :
1. This is an application for suspension of sentence of
imprisonment imposed vide judgment and order dated 8 th January
2020 passed by District Judge-2 and Additional Sessions Judge,
Thane in Special Case (POCSO) No.59 of 2015.
2. The case of prosecution is that the accused and others were
working in the house of victim. The applicant-accused was doing
polish work. He touched private part of the victim.
3. The Trial Court has convicted the applicant for the offence
MANISH Digitally signed by
MANISH SURESH
u/s.8 of POCSO Act and sentenced him to suffer imprisonment of
SURESH THATTE
three years and to pay fine of Rs.2,000/-.
Date: 2021.08.12
THATTE 10:42:51 +0530
4. The sentence was suspended till 7 th February 2020 by the Trial
Court considering the fact that applicant has been sentenced to
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undergo imprisonment of three years. Learned counsel for applicant,
on instructions, submitted that the applicant has surrendered before
Trial Court today and he has been remanded to custody.
5. Learned counsel for applicant submits that sentence awarded
by Trial Court is of three years. The appeal would not come up for
hearing immediately. The applicant was on bail during trial. He has
not misused the facility of bail. There are contradictions and
discrepancies in the evidence of victim and her mother. There is
discrepancy with regards to the identity of accused who has
committed the alleged crime.
6. Learned APP submitted that the victim has categorically stated
that accused who was doing polish work had subjected her to sexual
assault. The evidence is required to be appreciated at appropriate
stage.
7. It is noted that the applicant was on bail during trial. The
sentence awarded is of three years imprisonment. The Trial Court
has suspended the sentence after conviction for a temporary period.
In the light of evidence and the sentence imposed by Trial Court and
also considering the fact that applicant was on bail during trial,
sentence of imprisonment can be suspended and bail can be granted
to the applicant pending appeal against conviction preferred by
applicant. Hence, I pass following order :
ORDER
(i) Interim application is allowed and disposed of;
(ii) The sentence of imprisonment awarded by District Judge-2
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and Additional Sessions Judge, Thane vide judgment and order
dated 8th January 2020 in Special Case (POCSO) No.59 of 2015, is
suspended during pendency of Criminal Appeal No.120 of 2020
preferred by applicant and applicant is directed to be released on bail
on executing PR bond in the sum of Rs.25,000/- with one or more
sureties in the like amount;
(iii) The applicant is permitted to furnish provisional cash bail in
the sum of Rs.25,000/- for eight weeks in lieu of sureties;
(iv) The applicant shall attend Trial Court once in six months till
final disposal of Criminal Appeal No.120 of 2020.
(PRAKASH D. NAIK, J.)
MST
