Bombay High Court
Subhash Anant Tamore vs The State Of Maharashtra And Anr on 8 February, 2021
Bench: R.P. Mohite-Dere
Digitally signed by
Nisha S. Nisha S. Chitnis
Chitnis Date: 2021.02.09
11:33:24 +0530
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1363 OF 2019
IN
CRIMINAL APPEAL NO.1116 OF 2019
Subhash Anant Tamore ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Jagdish G. Shetty a/w Mr. Mohammed A. Shaikh, for the Applicant.
Mr. S.V. Gavand, A.P.P for the Respondent No.1 - State.
Original Complainant - Rakhi Kishore Thakur, is present.
CORAM : REVATI MOHITE DERE, J.
DATE : 8th 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 aforesaid appeal.
3. The applicant vide Judgment and Order dated 25th June, 2019,
passed by learned Special Judge, Vasai, in Special (POCSO) Case No.17 of
2018, has been convicted and sentenced for the offences punishable under
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Section 354 of the Indian Penal Code a/w Section 8 of the Protection of
Children from Sexual Offences Act as under:-
- to suffer rigorous imprisonment for 3 years and to pay fine of
Rs.5,000/- in default, to suffer rigorous imprisonment for 6 months.
4. Perused the papers. It is not in dispute that the applicant was on
bail pending trial and that he has not abused or misused the liberty granted
to him. Post his conviction, the applicant was enlarged on bail to enable the
applicant to file the aforesaid appeal. The aforesaid appeal has been
admitted on 18th November 2019. This Court vide order dated 18th
November 2019, whilst issuing notice to the respondent No.2 extended the
suspension already granted by the trial Court. The same has been extended
from time to time. Today, the complainant is present in Court and requests
that an Advocate from the Legal Aid panel be appointed to espouse the
cause of the respondent No.2 in the aforesaid appeal. The sentence
awarded is a short term sentence and the appeal is not likely to come up for
the hearing in the immediate near future.
5. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his Appeal, on the following terms and
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conditions :-
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.20,000/- with one or more 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 his 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.
6. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
7. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
