Mahesh Dnyaneshwar Kharabe vs The State Of Maharashtra And Anr
2021 Latest Caselaw 59 Bom

osk                                         501-IA-1479-2020 with IA-1480-2020 in Appeal-506-2020.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 1479 OF 2020
                              ALONG WITH
                  INTERIM APPLICATION NO. 1480 OF 2020
                                   IN
                    CRIMINAL APPEAL NO. 506 OF 2020

Mahesh Dnyaneshwar Kharabe                           ... Applicant/Appellant
      V/s.
The State of Maharashtra & Anr.                      ... Respondents


Mr.Kayval P. Shah a/w. Ms.Gunjan Shah for Applicant/Appellant.
Ms.Veera Shinde, A.P.P. for Respondent-State.


                                      CORAM : A.S. GADKARI, J.

DATE : 4th January 2021.

P.C. :

These are applications for suspension of sentence and releasing

the applicant on bail.

2. Heard Mr.Shah, learned counsel for the applicant and Ms.Shinde,

learned A.P.P. for the respondent-State.

3. The applicant is convicted under Section 452 and 354 (A)(i) of

the Indian Penal Code and under Section 7 punishable under Section 8 of the

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

Act") and is sentenced to suffer maximum rigorous imprisonment of 3 years

and to pay a total fine of Rs.3,000/- by the learned Additional Sessions Judge,

osk 501-IA-1479-2020 with IA-1480-2020 in Appeal-506-2020.odt

Pune in Special (POCSO) Sessions Case No. 171 of 2016, by its Judgment

and Order dated 3rd December 2020.

4. Learned counsel for the applicant submitted that, during the

pendency of the trial the applicant was released on bail and he has not

breached any of the conditions imposed upon him. He further on instructions

submitted that, the applicant has already deposited the entire fine amount in

the Registry of the Trial Court.

5. The sentence imposed upon the applicant is a short term

sentence. The possibility of hearing the present Appeal on its own merits in

near future is remote.

6. In view of the above, the sentence imposed upon the applicant

can be suspended and he can be released on bail.

Hence, the following Order :-

(i) During the pendency of the present Appeal, the substantive sentence imposed upon the applicant is suspended.

(ii) Applicant be released on bail in Special (POCSO) Sessions Case No. 171 of 2016 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 Shikrapur Police Station, District

osk 501-IA-1479-2020 with IA-1480-2020 in Appeal-506-2020.odt

Pune on every first Monday of the month between 10:00 am and 12:00 noon.

After end of one year, the applicant shall attend Shikrapur Police Station on every first Monday of every 3 rd Month between 10:00 am and 12:00 noon. The applicant thus shall attend Shikrapur 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.

(v) Applicant shall not contact prosecutrix and/or other witnesses in the present crime.

7. Applications are allowed in the aforesaid terms.

[A.S. GADKARI, J.]

Digitally signed by Omkar S.

Kumbhakarn Omkar S.

Date:

Kumbhakarn    2021.01.04
              15:33:26
              +0530