Bombay High Court
Rizwan Rafik Khan vs The State Of Maharashtra And Anr on 8 January, 2021
Bench: A.S. Gadkari
osk 4-IA-1471-2020 in Appeal-495-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1471 OF 2020
IN
CRIMINAL APPEAL NO. 495 OF 2020
Rizwan Rafik Khan ... Applicant/Appellant
V/s.
The State of Maharashtra & Anr. ... Respondents
Mr.Gaurav Parkar for Applicant/Appellant.
Mr.Amit Palkar, A.P.P. for Respondent-State.
CORAM : A.S. GADKARI, J.
DATE : 8th January 2021.
P.C. :
This is an application for suspension of sentence and releasing the
applicant on bail.
2. Heard Mr.Parkar, learned counsel for the applicant and Mr.Palkar,
learned A.P.P. for the respondent-State.
3. The applicant is convicted under Section 354-D(1)(i) of the
Indian Penal Code and under Section 11(iv) punishable under Section 12 of
the Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO
Act") and is sentenced to suffer rigorous imprisonment of 2 years and to pay a
fine of Rs.20,000/- by the learned Extra Joint District & Sessions Judge,
Raigad-Alibag in Special (POCSO) Case No. 28 of 2020 by its Judgment and
osk 4-IA-1471-2020 in Appeal-495-2020.odt
Order dated 31st October 2020.
4. Learned counsel for the applicant submitted that, the applicant
was on bail during trial and there is no report of breach of any of the
conditions of the bail Order. He further submitted that, the applicant has
already deposited the entire fine amount in the Registry of the Trial Court,
receipts whereof are produced on record.
5. In view of the above and after taking into consideration the fact
that, the sentence imposed upon the applicant is a short term sentence and
the possibility of hearing the present Appeal on its own merits in near future
is remote, the sentence imposed upon the applicant can be suspended and he
can be released on bail.
6. Hence, the following Order :-
(i) During the pendency of the present Appeal, the
substantive sentence imposed upon the applicant is
suspended.
(ii) The Applicant be released on bail in Special (POCSO) Case
No. 28 of 2020 on his furnishing P.R. bond of Rs.15,000/-
with one or two local sureties in the like amount.
(iii) After his release from Jail and during the pendency of the
present Appeal, initially for a period of one year the
applicant shall attend Alibag Police Station, on every first
Monday of the month between 10:00 am and 12:00 noon
to mark his presence.
osk 4-IA-1471-2020 in Appeal-495-2020.odt
After end of one year, the applicant shall attend
Alibag Police Station on every first Monday of every 3rd
Month between 10:00 am and 12:00 noon. The applicant
thus shall attend Alibag Police Station 4 times in a year
during the pendency of the present Appeal.
(iv) If the applicant commits two consecutive defaults in
complying with condition No.(iii) above, in that event, the
prosecution will be at liberty to file an application for
cancellation of bail.
7. Application is allowed in the aforesaid terms.
[A.S. GADKARI, J.]
Digitally signed
by Omkar S.
Omkar S. Kumbhakarn
Kumbhakarn Date:
2021.01.08
18:09:23 +0530
