Madan Sawalaram Prajapati vs The State Of Maharashtra And Anr
2021 Latest Caselaw 16917 Bom

                                                        21 APEAL 852-21.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                     CRIMINAL APPEAL NO. 852 OF 2021
                                  WITH
                   INTERIM APPLICATION NO. 2520 OF 2021
                                    IN
                     CRIMINAL APPEAL NO. 852 OF 2021

     Madan Sawalaram Prajapati                     ... Appellant/Applicant
          v/s.
     The State of Maharashtra & Anr.               ...Respondents

     Mr. Tapan Thatte i/b. Mr. Amar Patel, for the Appellant/Applicant.
     Mr. N. B. Patil, APP for the State-Respondent No.1.
     Ms. Devyani Kulkarni, for Respondent No.2.
     Mr. Milind Phadatare, A.PI., Nerul Police Station, present.

                       CORAM : SMT. ANUJA PRABHUDESSAI, J.
                         DATED : 06th DECEMBER, 2021

     P.C.

     .      The Applicant herein has filed this application under Section

     389 of Criminal Procedure Code for suspension of substantive

     sentence imposed by Judgment dated 6th September 2021 passed by

     the learned Additional Sessions Judge, Thane in Special Case

     (POCSO) No.200 of 2015 and release of the applicant on bail.

     2.     Heard Mr. Tapan Thatte, learned Counsel for the Applicant, Mr.




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     N. B. Patil, learned APP for the State and Ms. Devyani Kulkarni,

     learned Counsel for Respondent No.2. I have perused the record and

     considered the submissions advanced by the learned Counsel for the

     respective parties.

     3.    By the impugned Judgment, the Applicant has been held guilty

     of offences under Section 354 of Indian Penal Code and Section 9(m)

     punishable under Section 10 of the Protection of Children from

     Sexual Offence Act, 2012 (for short the 'POCSO Act'). The Applicant

     has been sentenced to undergo imprisonment of five years with fine

     of Rs.2,000/-, in default to undergo R.I. for three months for offence

     punishable under Section 10 of POCSO Act. No separate sentence is

     imposed in respect of offence under Section 354 of I.P.C.

     4.    The sentence is of short term imprisonment. Considering the

     large number of cases pending and the present situation arising from

     COVID-2019 Pandemic, final hearing of the appeal will take

     considerable time. Moreover, the Applicant was on bail, pending trial

     and has not misused the liberty.

     5.    In view of above and considering the nature of accusation, in

     my considered view, this is a fit case for suspension of the substantive


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     sentence pending disposal of the appeal. Hence, the application is

     allowed on following terms and conditions;

                                       ORDER

(i) The substantive sentence imposed on the Applicant

by Judgment dated 6th September 2021 in Special Case

(POCSO) No.200 of 2015, Thane is suspended pending

disposal of the appeal.

(ii) The Applicant is ordered to be released on bail on

furnishing P.R. bonds in sum of Rs.15,000/- (Rupees Fifteen

Thousand Only) with one or two sureties to the like amount.

(iii) The Applicant shall not interfere with the

prosecutrix.

(iv) The Applicant shall report to the trial Court, once in

three months on the day/date specified by the Trial Court,

till the appeal is finally disposed of.

(v) 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.

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                       (vi)     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.

(v) The application stands disposed of.

6. Parties to act upon an authenticated copy of this order.

(ANUJA PRABHUDESSAI, J.)

Digitally signed by MANJUSHA MANJUSHA DINKAR DINKAR PARAB PARAB Date:

2021.12.08 16:57:44 +0530

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