Bombay High Court
Trimbak Ramkrushna Dahiwal vs The State Of Maharashtra on 4 January, 2021
Bench: V. V. Kankanwadi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2194 OF 2020
IN
CRIMINAL APPEAL NO.627 OF 2020
Trimbak s/o Ramkrushna Dahiwal
Age: 45 Yrs., occ. Labour,
R/o Sistekadi, Old Jalna,
At Present R/o - CP Talav,
Ramnagar, Road No.25,
Slum Area, Wagale Estate,
Thane. = APPLICANT
(Orig.Accused)
VERSUS
1) The State of Maharashtra
Through Police Station
Kadim Jalna, Tq. and
District Jalna. = RESPONDENT
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Mr.VM Jaware,Advocate for Applicant;
Mrs.VS Choudhary,APP for Respondent-State.
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CORAM : SMT.VIBHA KANKANWADI,J.
DATE : 4th January, 2021.
PER COURT:-
1. Heard learned Advocate Mr. VM Jaware for
applicant and learned APP Mrs. VS Choudhari, for
Respondent-State.
2. This Criminal Application is moved by the
the applicant for suspension of substantive
sentence imposed against him and releasing him on
bail during pendency and final hearing of the
aforesaid Criminal Appeal.
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3. The applicant is the original accused in
Special (POCSO) Case No.62 of 2020, who has been
convicted by learned Special Judge, Jalna, vide
judgment and order dated 17th March, 2020, for the
offence punishable under Section 354 of the Indian
Penal Code and sentenced to suffer rigorous
imprisonment for three years and to pay fine of Rs.
1,000/-, in default R.I. for one month and under
Section 8 of The Protection of Children from
Sexual Offences Act, 2012 (for short, POCSO Act)
and sentenced to suffer simple imprisonment for
three years and to pay fine of Rs.1,000/-, in
default, S.I. for one month. Both the sentences
are ordered to run concurrently.
4. It is vehemently submitted on behalf of
the applicant that the applicant has challenged the
judgment and order of conviction passed by the
learned Special Judge by way of the appeal, inter
alia, on numerous grounds as set out in the appeal
itself and the applicant is having every hope of
success therein. It is further submitted that the
applicant is behind the bars since 22.11.2018 and
he has undergone the imprisonment for about more
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than two years. He has deposited the fine amount.
He has no criminal antecedents. The applicant would
abide by any conditions that may be imposed if
enlarged on bail. The learned Advocate further
submits that the appeal involves other legal
points/issues, which the applicant/appellant
intends to agitate and address them at the time of
final hearing of the appeal. Consequently, the
applicant prays for releasing him on bail by
suspending the substantive sentence imposed by the
learned Special Judge on such terms and conditions
as this Court may deem fit and proper.
5. Per contra, learned APP strongly objected
the application and supported the reasons assigned
by the learned Special Judge while convicting and
imposing the sentence against the applicant. The
learned APP submitted that The learned Special
Judge has properly scanned the evidence brought on
record. It is, therefore, submitted that the
application being sans merit, it deserves to be
dismissed and it be dismissed accordingly.
6. As it appears from the impugned judgment
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of the learned Special Judge, particularly the
sentence, that has been imposed against the
applicant for the offence, in question, is a short-
term sentence, in view of the decision in the case
of Kiran Kumar Vs. State of M.P. - (2001) 9 SCC
211, a benefit will have to be given to the
applicant-appellant when he has demonstrated that
the material and significant points raised by him
in the appeal are required to be considered at the
time of final hearing of the appeal. Further, the
applicant has undergone the maximum term of the
sentence, i.e. for about more than two years,
imposed against him and he has deposited the fine
amount. In this view of the matter, it can be said
that a case is definitely made out for releasing
the applicant on bail by suspending the substantive
sentence during pendency and final disposal of the
appeal. Hence, following order,-
ORDER
i. The Criminal Application stands
allowed.
ii. The substantive sentence,
imposed upon the applicant by learned
Special Judge, Jalna in Special (POCSO)
Case No.62 of 2020, vide judgment and
order dated 17th March, 2020, is hereby
suspended till hearing and final disposal
of the appeal.
iii. The applicant be released on his
executing PR of Rs.30,000/ (Rupees thirty
thousand) with two sureties of Rs.
15,000/- (Rupees fifteen thousand) each.
iv. The applicant shall not commit
any criminal activity.
v. The applicant shall remain
present before the learned Trial Judge
once in six months, till final hearing
and disposal of the appeal, commencing
from the date he tenders bail paper/s
and, thereafter, the Trial Judge to fix
dates for the subsequent appearances.
vi. In case of two consecutive
defaults on the part of the applicant to
remain present before the Trial Court,
the Trial Court to inform this Court
about the same and in that eventuality,
the prosecution would be at liberty to
file an application for cancellation of
the bail granted to the applicant.
vii. Bail before the Trial Court.
(SMT. VIBHA KANKANWADI,J.)
BDV
