Bombay High Court
Sagar Vilas Parit vs The State Of Maharashtra And Anr on 26 February, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. Date:
3-IA-686-2021.doc
Pathan 2021.03.01
16:32:38
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 686 OF 2021
IN
CRIMINAL APPEAL NO. 172 OF 2021
Sagar Vilas Parit ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Sachin H. Deokar for the Applicant
Ms. S. V. Sonawane, A.P.P for the Respondent No.1-State
CORAM : REVATI MOHITE DERE, J.
FRIDAY, 26th 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 15 th February
2021 passed by learned Additional Sessions Judge, Special Court
(POCSO), Kolhapur, in Special Case No.54 of 2017, has been convicted
and sentenced as under:
SQ Pathan 1/3
3-IA-686-2021.doc
- for the offences punishable under Section 354D of the Indian Penal
Code and under Sections 8 and 12 of the Protection of Children from
Sexual Offences Act, to suffer rigorous imprisonment for 3 years and to
pay fine of Rs.10,000/- in default, to suffer further rigorous
imprisonment for 3 months.
4 Perused the papers. The allegation as against the applicant is
that he held the hand of the victim and asked her to accompany him to the
lodge. It appears that the applicant was on bail, pending trial and it is not
in dispute that whilst on bail, the applicant has not abused or misused the
liberty granted to him. Presently, the applicant is in custody, post his
conviction. 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.
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
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;
SQ Pathan 2/3
3-IA-686-2021.doc
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 disposed of in the aforesaid terms.
7 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 3/3
