Vijay Shankar Irmal vs The State Of Maharashtra And Anr
2021 Latest Caselaw 9660 Bom

                                                  57-Ia-1368-2020-In-Apeal-455-2020.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 1368 OF 2020
                                    IN
                      CRIMINAL APPEAL NO.455 OF 2020

Vijay Shankar Irmal                                       ... Applicant
          Versus
The State of Maharashtra & Anr.                           ... Respondents

                                 .....
Mr. Harshad Bhadbhade, Advocate for the Applicant.
Mr. Prashant P. Jadhav, Advocate for Respondent No.2.
Mr. S. R. Agarkar, APP for the Respondent - State.
                                 .....

                               CORAM       :     PRAKASH D. NAIK, J.
                               DATE        :     23rd JULY, 2021
PER COURT:

1.                 This is an application for suspension of sentence. The

applicant has been convicted for the offences under Section 354-A,

323, 506 of Indian Penal Code (for short "IPC") and Sections 9(f)

r/w Section 10 of the Protection of Children from Sexual Offences

Act, 2012 (for short 'POCSO Act'). The maximum sentence imposed

is five years.


2.                 Learned counsel for the applicant submitted that

during the period of trial, the applicant was granted anticipatory

bail by the Sessions Court. He has undergone period of about eight

months in custody. Appeal may not come up for hearing


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                                                         57-Ia-1368-2020-In-Apeal-455-2020.doc




immediately. There are discrepancies in evidence. The applicant has

good case on merits.


3.                  Learned counsel for respondent No.2 submits that the

victim was subjected to sexual assault by the applicant. The victim

had stopped to going school after the incident. The victim was

molested by accused. Bail may not be granted.


4.                  The applicant has undergone custody of eight months.

The applicant was on bail during the trial. The appeal may not

come up for hearing immediately. The defence of applicant is that

prosecution has not proved age of victim. Teachers used to attend

school         at   9.30   a.m.   There     is     improvement         in    evidence.

Considering these aspects, the sentence can be suspended.


5.                  Hence, I pass the following order:


                                     ORDER

(i) Interim Application No. 1368 of 2020 is allowed;

(ii) During pendency of Criminal Appeal No. 455 of 2020, sentence of imprisonment awarded by impugned Judgment and order dated 9th November, 2020 passed by Learned Special Court, Ratnagiri in Sessions Special Case No. 12 of 2018 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

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(iii) The applicant shall attend the trial Court once in three months and mark his attendance.

(iv) The applicant shall not contact the victim in any manner.

(v) Interim Application stands disposed of accordingly.

Digitally signed by SAJAKALI (PRAKASH D. NAIK, J.) SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:

2021.07.27 16:49:40 +0530

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