Bombay High Court
Ganesh Mohan Zite And Anr vs The State Of Maharashtra And Anr on 1 December, 2021
Bench: Anuja Prabhudessai
P.H. Jayani 13 IA2802.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2802 OF 2021
IN
CRIMINAL APPEAL NO.943 OF 2021
Ganesh Mohan Zite and anr. .... Applicants
v/s.
The State of Maharashtra and anr. .... Respondents
Mr. Gaurav Parkar for the Applicants.
Mr. S.V. Gavand, APP for the State.
Ms. Priyanka Chavan for Respondent No.2 (appointed).
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 01st DECEMBER, 2021.
P. C. :-
. Notice is duly served on Respondent No.2. Learned APP has
placed on record report stating that the Respondent No.2 has sought
assistance of an advocate from Legal Aid Panel. Ms. Priyanka Chavan,
learned advocate is appointed to represent Respondent No.2.
2. I have perused the records. By this Application filed under
section 389 of Cr.P.C, the Applicant has sought suspension of
substantive sentence imposed by judgment dated 24/03/2021 in
Special (POCSO) Case No.18/2020. By the impugned judgment, the
P.H. Jayani 13 IA2802.2021.doc
Applicant has been held guilty of offence under section 354D(1)(i) of
the Indian Penal Code and section 11(iv) punishable under section 12
of Protection of Children from Sexual Offences (POCSO) Act, 2012.
3. The maximum sentence imposed is imprisonment of six months.
Since the sentence imposed is of short term imprisonment and
considering the large pendency of the cases, it will not possible to take
the Appeal for hearing in immediate future. In view of the above and
considering the nature of accusations and the evidence in support
thereof, this is a fit case for suspension of substantive sentence pending
hearing of the Appeal. Hence, the Interim Application is allowed on
following terms and conditions :-
(a) Substantive sentence imposed against the Applicant
by judgment dated 24/03/2021 in Special (POCSO) Case
No.18/2020, is suspended pending hearing of the Appeal ;
(b) The Applicant shall be released on bail on furnishing
P.R. Bonds in the sum of Rs.10,000/- with one or two solvent
sureties in the like amount to the satisfaction of the Trial
Court ;
P.H. Jayani 13 IA2802.2021.doc
(c) The Applicant shall report to the Trial Court once in
two months on the day/ date specified by the Trial Court, till
the Appeal is finally disposed of ;
(d) 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 ;
(e) 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
application seeking cancellation of bail.
4. Interim Application stands disposed of accordingly.
PREETI
H JAYANI (SMT. ANUJA PRABHUDESSAI, J.)
Digitally signed by
PREETI H JAYANI
Date: 2021.12.02
11:07:52 +0530
