Salomi Rajendran vs The State Of Maharashtra And Ors
2021 Latest Caselaw 17454 Bom

P.H. Jayani                                15(b) IA973.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 973 OF 2021
                                  IN
                    CRIMINAL APPEAL NO. 256 OF 2021

Salomi Rajendran                                  .... Applicant
           v/s.
The State of Maharashtra and ors.                 .... Respondents


Mr. Shashank P. Borade for the Applicant.
Mr. S.V. Gavand, APP for the State.
Ms. Kanchi Trivedi for Respondent No.2 in APEAL/261/2021.
Mrs. Megha Bajoria for Respondent Nos.3 to 9 (appointed)
in both Appeals.


                           CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 15th DECEMBER, 2021.

P. C. :-

. The Applicant (accused no.3) has filed this Application under

section 389 of Cr.P.C., for suspension of substantive sentence imposed

by judgment dated 03/03/2020 in Special (POCSO) Case

No.107/2019.

2. By the impugned judgment, the learned Additional Sessions

Judge, Panvel-Raigad has held the Applicant guilty of offence under

Section 21 of the Protection of Children from Sexual Offences (POCSO)

Act, 2012 and sentenced her to suffer rigorous imprisonment for one

P.H. Jayani 15(b) IA973.2021.doc

year with fine of Rs.1,000/- in default to suffer rigorous imprisonment

for 15 days.

3. Heard Mr. Shashank Borade, learned counsel for the Applicant,

Mr. S.V. Gavand, learned APP for the State and Ms. Megha Bajoria,

learned counsel for Respondent Nos.3 to 9. I have perused the records

and considered the submissions advanced by the learned counsels for

the respective parties.

4. The sentence imposed against the Applicant (accused no.3) is of

short term imprisonment. The Appeal is already admitted. The

Applicant was on bail pending trial and has not misused the liberty.

Considering the large pendency of the cases and also the situation

arising from Covid-19 pandemic, it will not be possible to take up the

Appeal in immediate future. In view of the above, 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 03/03/2020 in Special (POCSO) Case

No.107/2019, is suspended pending hearing of the Appeal ;

                       P.H. Jayani                                     15(b) IA973.2021.doc

                                    (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 ;

(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

her 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.

5. Interim Application stands disposed of accordingly.

PREETI H JAYANI Digitally signed by PREETI H JAYANI Date: 2021.12.17 (SMT. ANUJA PRABHUDESSAI, J.) 12:25:10 +0530