Anil Siddhu Ananatkar vs The State Of Maharashtra And Anr
2021 Latest Caselaw 17088 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 2831OF 2021
                                   IN
                    CRIMINAL APPEAL NO. 958 OF 2021

      Anil Siddhu Ananatkar                              ..Applicant

                  v/s.

      State of Maharashtra & Anr.                        ..Respondent

      Mr. Ghansham Jadhav for the Applicant.
      Mr. P.H.Gaikwad, APP for the Respondent-State.
      Ms. Megha Bajoria, for the Respondent No.2.

                          CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 8th DECEMBER, 2021.

P.C.

1. By this Application, the applicant has sought suspension of

substantive sentence imposed by judgment dated 9.10.2021 in

Special (POCSO) Case No. 457 of 2019, Pune.

2. Heard Mr. Jadhav, learned Counsel for the Applicant, Mr.

Gaikwad learned APP for the State and Ms. Bajoria, learned

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

considered the submissions advanced by the learned Counsels for

the respective parties.

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3. By the impugned judgment the Applicant has been held

guilty and convicted for offence under Section 457 of IPC and

sentenced to undergo rigorous imprisonment for one year with

fine of RS.10,000/- in default to suffer rigorous imprisonment for

6 months.

4. The sentence imposed against the Applicant is a short term

sentence. The appeal has been admitted. The appeal is of the

year 2021. Considering the large pendency of old cases and the

present situation arising from COVID 19 pandemic, it will not be

possible to take up the appeal for final hearing in the immediate

future.

5. Considering the above facts, in my considered view, this is a

fit case to suspend the execution of sentence pending the disposal

of the appeal. Hence the application is allowed on the following

terms and conditions:-

i) Substantive sentence imposed against the Applicant by

judgment dated 9.10.2021 in Special (POCSO) Case No. 457 of

2019, Pune is suspended pending hearing of the appeal;

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

P.R. Bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only)

with one or two solvent sureties in the like amount, to the

satisfaction of the Trial Court;

Iii) 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 on;

iv) 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.

v) 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.

. Application is accordingly disposed of. Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2021.12.09 12:21:33 +0530 (ANUJA PRABHUDESSAI, J.)

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