Bombay High Court
Devendra Malshidh Jakkune vs The State Of Maharashtra on 5 February, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. 11-IA-333-2021.doc
Date:
Pathan 2021.02.08
16:11:43
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 333 OF 2021
IN
CRIMINAL APPEAL NO. 105 OF 2021
Devendra Malshidh Jakkune ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Sagar Tambe i/b Mr. Ritesh Thobde for the Applicant
Mr. A. R. Patil, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
FRIDAY, 5th FEBRUARY 2021
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the appeal.
3 The applicant vide judgment and order dated 12th January
2021, passed by learned Additional Sessions Judge, Solapur, in Sessions
Case No. 79/2018, has been convicted and sentenced as under:-
SQ Pathan 1/4
11-IA-333-2021.doc
- for the offence punishable under Section 12 of the Protection
of Children from Sexual Offences Act, to suffer simple imprisonment
for 6 months and to pay fine of Rs.500/-, in default, to suffer simple
imprisonment for 1 day;
- for the offence punishable under Section 354(D) of the Indian
Penal Code, to suffer simple imprisonment for 3 months and to pay
fine of Rs. 500/-, in default, to suffer simple imprisonment for 1 day;
Substantive sentences were directed to run concurrently.
4 Learned counsel for the applicant states that the applicant was
on bail pending trial and post his conviction, his sentence has been
suspended to enable the applicant to file an appeal.
5 Perused the papers. It is not in dispute that whilst on bail, the
applicant has not misused the liberty granted to him. The appeal has been
admitted by a separate order passed today and the same is not likely to
come up for the hearing in the immediate near future. The sentence
awarded is a short term sentence.
SQ Pathan 2/4
11-IA-333-2021.doc
6 Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and the applicant is enlarged on bail,
pending the hearing and final disposal of the appeal, on the following terms
and conditions :-
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.25,000/-, with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till their appeal
is finally disposed of;
iii) 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;
iv) 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.
SQ Pathan 3/4
11-IA-333-2021.doc
7 The application is disposed of in the aforesaid terms.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
