Ramdhani Ramjank Harijan And Ors vs The State Of Maharashtra
2021 Latest Caselaw 280 Bom

ssm                        1                4-ia839.20&838.20 in Appeal277.20.doc

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                         CRI. I.A. NO. 839 OF 2020
                                     IN
                     CRIMINAL APPEAL NO. 277 OF 2020

                                    WITH

                         CRI. I.A. NO. 838 OF 2020
                                     IN
                     CRIMINAL APPEAL NO. 277 OF 2020


1        Ramdhani Ramjanak Harijan

2        Kamal Dinanath Sinha

3        Ishwar Khatrappa Kargol                         ....Applicants.

              Vs.

State of Maharashtra                                     ....Respondent.

Dr. Samarth Karmarkar i/by Karmarkar & Associates for the Applicants.
Smt. Rutuja Ambekar APP, for the Respondent-State.

                                      CORAM : A. S. GADKARI, J.

DATE : 6th JANUARY, 2021.

P.C.:-

These are the Applications for suspension of sentence and

releasing the Applicants on bail.

2 Heard Dr. Karmarkar, learned Advocate for the Applicants and

Smt. Ambekar, learned APP for the Respondent-State.

3 The Applicants have been convicted under Section 354-A(i)(ii))

ssm 2 4-ia839.20&838.20 in Appeal277.20.doc

and 354-C of the Indian Penal Code and under Section 12 of the Protection

of Children from Sexual Offences (POCSO) Act, 2012 (for short, "POCSO

Act") and are directed to undergo maximum rigorous imprisonment for 3

years and to pay a total fine of Rs.1,000/-, by each of the Applicants by the

learned Additional Sessions Judge & Special Judge for POCSO Act, Borivali

Division, Dindoshi, Mumbai, in Special Case No. 139 of 2015, by its

Judgment and Order dated 17th December, 2019.

4 Learned counsel for the Applicants submitted that, the

Applicants were on bail during the trial and as per his instructions, they

have not committed breach of any of the conditions imposed upon them

during pendency of Trial. He further, on instructions, submitted that, the

Applicants have already deposited entire fine amount imposed upon them,

in the Registry of the Trial Court and receipts whereof are annexed with I.A.

No.838 of 2020.

5 The sentence imposed upon the Applicants is a short term

sentence and the possibility of hearing of the present Appeal on its own

merits in near future is remote.

6 In this view of the matter, the sentence imposed upon the

Applicants can be suspended and they can be released on bail.

Hence the following Order:-

a) During the pendency of the present Appeal, the

substantive sentence imposed upon the Applicants is

ssm 3 4-ia839.20&838.20 in Appeal277.20.doc

suspended.

b) Applicants be released on bail in Special Case No.139 of

2015, on their furnishing separate PR bond of

Rs.15,000/- each with one or two separate local sureties

in the like amount.

c) After their release from Jail and during the pendency of

the present Appeal, the Applicants shall attend MHB

Colony Police Station, Mumbai on every first Monday of

the month between 10.00 a.m. and 12.00 noon, initially

for a period of one year.

After end of one year, the Applicants shall

attend the MHB Colony Police Station, Mumbai on

every first Monday of the every 3rd Month between

10.00 a.m. and 12.00 noon. The Applicants thus, shall

attend MHB Colony Police Station, Mumbai four times

in a year during the pendency of the present Appeal.

This condition is imposed upon the

Applicants after taking into consideration the fact that,

they are residing in the vicinity of the victim and the

facts narrated by the prosecutrix in her testimony.

d) If the Applicants commit two consecutive defaults in

complying with condition No. (c) above, in that event,

ssm 4 4-ia839.20&838.20 in Appeal277.20.doc

the prosecution will be at liberty to file an Application

for cancellation of bail.

e) Applicants shall not contact the prosecutrix and her

relatives.

7 Applications are allowed in the aforesaid terms.

8 This Order will be digitally signed by the Private Secretary of

this Court. All concerned will act on production by fax or e-mail of a

digitally signed copy of this Order.

(A.S. GADKARI, J.)

Digitally signed by Sanjiv S.

Mashalkar Sanjiv S. Date:

Mashalkar 2021.01.08 18:02:53 +0530