Ahamar Sharafatali Siddiki vs The State Of Maharashtra And Anr
2021 Latest Caselaw 60 Bom

osk                                             2-IA-04-2021 with IA-05-2021 in Appeal-01-2021.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 04 OF 2021
                              ALONG WITH
                   INTERIM APPLICATION NO. 05 OF 2021
                                   IN
                     CRIMINAL APPEAL NO. 01 OF 2021

Ahamar Sharafatali Siddiki                          ... Applicant/Appellant
      V/s.
The State of Maharashtra & Anr.                     ... Respondents


Mr.Fakhruddin Khan for Applicant/Appellant.
Mr.Amit Palkar, A.P.P. for Respondent No.1-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.Khan, 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(2) of the Indian

Penal Code, 1860; under Section 11(iv) (v) read with Section 12 of the

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

Act") and under Section 66(D)(E), 67 (A) (B) of the Information Technology

osk 2-IA-04-2021 with IA-05-2021 in Appeal-01-2021.odt

Act, 2000 and is sentenced to suffer maximum rigorous imprisonment of 2

years and to pay a fine of Rs.20,000/- by the learned Extra Joint District and

Sessions Judge, Raigad-Alibag in Special (POCSO) Case No. 27 of 2020 by its

Judgment and Order dated 11th December 2020.

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

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

breached any of the conditions imposed upon him. He further submitted that,

the applicant has already deposited the entire fine amount in the Registry of

the Trial Court on 11th December 2020 and has annexed receipts of the same

to Application No.05 of 2021.

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 the applicant 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) The Applicant be released on bail in Special (POCSO) Case No. 27 of 2020 on his furnishing P.R. bond of Rs.15,000/- with one or two local sureties in the like amount.

osk 2-IA-04-2021 with IA-05-2021 in Appeal-01-2021.odt

(iii) During the pendency of the appeal, the applicant shall attend Nagothane Police Station, District Raigad on every first Monday of every 3rd Month between 10:00 am and 01:00 pm and shall mark his presency. The applicant thus shall attend Nagothane Police Station 4 times in a year during the pendency of the present Appeal.

It is made clear that, this condition of attendance will not be relaxed during the pendency of the present appeal, as it has been imposed after taking into consideration the fact that the applicant is situated at Lucknow, Uttar-Pradesh has committed the present offence with the prosecutrix who is residing at Nagothane, Taluka Pen, District Raigad.

(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 victim or her relatives/ 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 13:11:51 +0530