Vikram Shyamrao Zade vs The State Of Maharashtra
2021 Latest Caselaw 2990 Bom

                                                                        20-IA-691-2020.odt
           Digitally
           signed by
           Shambhavi
Shambhavi N. Shivgan
N. Shivgan Date:
           2021.02.15
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           17:25:10
           +0530
                              CRIMINAL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO.691 OF 2020
                                                  IN
                                    CRIMINAL APPEAL NO.219 OF 2020

                        Vikram Shyamrao Zade                     ... Applicant
                             Vs
                        The State of Maharashtra                ... Respondents
                                                    ...

Mr. Rohan H. Barge for the Applicant.

Mr. Yogesh Dabke, APP for the Respondent-State.

CORAM : SANDEEP K. SHINDE J.

DATE : 15th FEBRUARY, 2021.

P.C. :

Pending appeal, application under Section

389(1) of the Code of Criminal Procedure, 1973 is

moved, seeking suspension of sentence of rigorous

imprisonment for fve years imposed on him by the

learned Additional Sessions Judge, Solapur in Sessions

Case No.162 of 2017 vide which he was convicted

under Section 354 of the Indian Penal Code, 1860 and

Shivgan 1/4 20-IA-691-2020.odt

Sections 8, 9(f) read with 10 of the Protection of

Children From Sexual Ofences Act, 2012.

2 I have perused the evidence of the victim

and the impugned judgment and order. It is alleged

that applicant, a staf member of an educational

institution, subjected the victim to aggravated sexual

assault, which is punishable under Section 10 of the

POCSO Act for either description for a term, which shall

not be less than fve years but which may extend to

seven years and also be liable to fne.

3 The learned Trial Court sentenced the

applicant to undergo rigorous imprisonment for fve

years; however, there is no appeal by the State for

enhancement of sentence.

Shivgan                                                      2/4
                                                  20-IA-691-2020.odt




4         I have perused the evidence of P.W.2, 3, a

victim and her sister. Also perused the impugned

judgment. The learned Trial Court has relied on

evidence of these two witnesses and on disciplinary

proceedings initiated against the applicant, the learned

Trial Court was of the view that there is direct and

circumstantial evidence against the applicant.

5 Be that as it may, after perusing the

evidence, I am prima-facie, satisfed that appeal is

likely to be fnally allowed and further that the appeal

is not likely to be heard within reasonable period and

since the applicant has undergone sentence for three

years and ten months out of fve years, execution of

the impugned sentence is suspended and the applicant

is directed to be released on bail on executing PR bond

in the sum of Rs.25,000/- with one or more sureties in

the like amount.

Shivgan                                                       3/4
                                                  20-IA-691-2020.odt




6         Pending appeal, the applicant shall report to

the concerned Court, i.e., Additional Sessions Court,

Solapur once in a month, I.e, 2 nd Monday of every

month between 11 a.m. to 1 noon commencing from

March, 2021 till the disposal of the appeal.

7 Application is, accordingly, allowed and

disposed of.

                              (SANDEEP K. SHINDE, J.)




Shivgan                                                       4/4