Citation : 2021 Latest Caselaw 2241 Bom
Judgement Date : 3 February, 2021
Rane 1/5 IA-322-2021 (SR.7)
Wed, 3.2.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 322 OF 2021
IN
CRIMINAL APPEAL NO. 80 OF 2020
Akshay Rangrao Patil ....Applicant
V/s.
The State of Maharashtra
and anr. ....Respondents
* * * *
Ms. Yashasvita Apte i/by. Ms. Swati Khot,
advocate for the applicant.
Mr. Yogesh Dabke, APP for the State.
Ms. Reema Machhya, Advocate for respondent no.2-
original complainant.
CORAM : SANDEEP K. SHINDE, J.
Wednesday, 3rd February, 2021.
P.C. :
1. This application is preferred for suspension of
sentence and to enlarge the applicant-convict on bail.
Rane 2/5 IA-322-2021 (SR.7)
Wed, 3.2.2021
2. Vide judgment and order dated 30 th December
2019, the learned Special Judge, Alibaug, Raigad
convicted the applicant for the offence punishable under
Section 376(2)(f) of the Indian Penal Code and sentenced
to suffer rigorous imprisonment for ten years and pay
fine of Rs.5,000/- with default stipulation. Applicant
has also been convicted for the offences punishable
under Sections 4 and 6 of the Protection of Children
from Sexual Offences Act ("POCSO Act" for short).
3. Vide this application, the applicant is seeking
enlargement on interim bail for the purpose of
appearing for L.L.B. 5th Semester On-line Examination
conducted by Tilak Maharashtra Vidyapeeth, Pune from
5th February to 10th February, 2021.
Rane 3/5 IA-322-2021 (SR.7)
Wed, 3.2.2021
4. This Court, earlier had also granted
permission to the applicant to pursue his education and
suspended the sentence for limited period.
5. In consideration of the facts of the case, the
application is allowed and he is directed to be released
on interim bail for the period commencing from 5 th
February to 12th February, 2021 and hence the following
order :
O R D E R
(i) The substantive sentence imposed by the
learned Judge in Special Case No.56/2015
stands suspended for the period commencing
from 5th February to 12th February, 2021.
(ii) The applicant, Akshay Rangrao Patil, be
released on bail on furnishing P.R. Bond of
Rs.15,000/- and a surety in the like amount to Rane 4/5 IA-322-2021 (SR.7) Wed, 3.2.2021
the satisfaction of the learned Special Judge,
Alibaug, Raigad.
(iii) The applicant would be at liberty to
furnish provisional cash security of Rs.15,000/-
and furnish surety on/or before tomorrow i.e.
4th February, 2021.
(iv) The applicant shall not contact the victim
and/or the first informant.
(v) The applicant shall not leave the limits of
Alibaug-Raigad during the aforesaid period
without the permission of the learned Special
Judge.
Rane 5/5 IA-322-2021 (SR.7) Wed, 3.2.2021
(vi) The applicant shall surrender at the
Kolhapur Central Prison on 13th February, 2021
at 5:00 p.m.
Digitally (SANDEEP K. SHINDE, J.) signed by Neeta Neeta S.
Sawant
S. Date:
Sawant 2021.02.03
17:00:47
+0530
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