Bombay High Court
Amit Vilas Kadam vs The State Of Maharashtra on 18 February, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. 27-IA-539-2021.doc
Date:
Pathan 2021.02.22
16:57:49
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 539 OF 2021
IN
CRIMINAL APPEAL NO. 150 OF 2021
Amit Vilas Kadam ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Umesh H. Pawar for the Applicant
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
THURSDAY, 18th 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 his appeal.
3 The applicant, vide judgment and order dated 30th December
2020 passed by the learned Special Judge for POCSO, Additional Sessions
SQ Pathan 1/4
27-IA-539-2021.doc
Judge & DJ-1, Islampur, in Special Case No. 32/2018, has been convicted
and sentenced as under:-
- for the offence punishable under Sections 354-D of the Indian
Penal Code to suffer rigorous imprisonment for 1 year and to pay fine
of Rs.1,000/-, in default, to undergo further simple imprisonment for
2 months;
- for the offence punishable under Section 504 of the Indian
Penal Code, to suffer rigorous imprisonment for 1 year and to pay
fine of Rs.500/-, in default, to undergo further simple imprisonment
for 1 month;
- for the offence punishable under Section 12 of the Protection
of Children from Sexual Offences Act, to suffer rigorous
imprisonment for 1 year and to pay fine of Rs.1,000/-, in default, to
undergo further simple imprisonment for 2 months;
The applicant was acquitted for the offence punishable under
Section 341 of the Indian Penal Code.
All the substantive sentences were to run concurrently.
SQ Pathan 2/4
27-IA-539-2021.doc
4 Perused the papers. The maximum sentence imposed is
sentence of 1 year. It is not in dispute that the applicant was on bail,
pending trial and has not abused or misused the liberty granted to him. The
appeal has been admitted by a separate order passed today. The appeal is
not likely to be heard in near future. The sentence awarded is a short term
sentence.
5 Having regard to the short term sentence and the fact that the
applicant has not misused or abused the liberty granted to him, pending
trial, 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 conditions :-
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.20,000/- 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 his appeal is
finally disposed of;
SQ Pathan 3/4
27-IA-539-2021.doc
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 accordingly disposed of.
7 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
