Mangal Shankar Chaudhary vs The State Of Maharashtra And Anr
2021 Latest Caselaw 9974 Bom

P.H. Jayani                                     07 IA1259.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1259 OF 2021
                                  IN
                    CRIMINAL APPEAL NO. 370 OF 2021

Mangal Shankar Chaudhary                    .... Applicant
           v/s.
The State of Maharashtra and anr.           .... Respondents

                                WITH
                 INTERIM APPLICATION NO. 1040 OF 2021
                                  IN
                    CRIMINAL APPEAL NO. 279 OF 2021

1) Varun Devendra Upadhyay
2) Bhupendra Manilal Vishwakarma            .... Applicants
           v/s.
The State of Maharashtra and anr.           .... Respondents


Mr. Dilip Devadiga i/b. Mr. Sanjay Gaikwad for the
Applicant in IA/1259/2021.
Mr. S.V. Gavand, APP for the State.
Ms. Manisha Devkar for Respondent No.2.
Mr. Dinesh Tiwari for the Intervenor in IA/1040/2021
in Appeal/279/2021.


                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 29th JULY, 2021.

P. C. :-

. These are the Applications under Section 389 of Cr.P.C. for

suspension of sentence imposed by judgment dated 04/01/2021 passed

by the learned Special Judge (POCSO Act) & Additional Sessions

P.H. Jayani 07 IA1259.2021.doc

Judge, Thane in Special Case No.143/2014, and enlargement on bail

2. Both the Applicants have been held guilty for offences under

Section 363 and 366-A r/w. 34 of the Indian Penal Code (IPC) and

Section 10 of Protection of Children from Sexual Offences (POCSO)

Act, 2012 and have been sentenced to undergo rigorous imprisonment

for five years and to pay fine of Rs.5,000/- in default rigorous

imprisonment for six months in respect of each of the offences under

Section 363 and 366-A r/w. 34 of IPC and Section 10 of POCSO Act.

The sentence is ordered to run concurrently.

3. The sentence imposed is a short term imprisonment. Considering

the large pendency and the present situation arising from COVID-19

pandemic, the hearing and disposal of the Appeal will take

considerable time. The Applicants who were on bail pending trial,

have not misused the liberty. Moreover, they have no criminal

antecedents. Considering the above facts and circumstances, this is a

fit case for suspension of sentence pending hearing of the Appeal and

to enlarge the Applicant on bail.

P.H. Jayani 07 IA1259.2021.doc

4. Hence, the Interim Applications are allowed on following terms

and conditions :-

(a) The Applicants be released on cash bail in the sum of Rs.40,000/-

(Rupees Forty Thousand) each for a period of four weeks ;

(b) The Applicants shall within the said period of four weeks, furnish

P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand)

each with one or two sureties in the like amount ;

(c) The Applicants shall report to the trial Court once in six months

on the day/date specified by the trial Court, till the Appeal is finally

disposed of ;

(d) The Applicants shall keep the Trial Court informed of their

current address and mobile contact numbers and/or change of

residence or mobile details, if any, from time to time ;

(e) If there are two consecutive defaults in appearing before the Trial

Court, the learned Judge shall make a report to the High Court and the

prosecution would be at liberty to file an application seeking

P.H. Jayani 07 IA1259.2021.doc

cancellation of bail.

5. The Interim Applications stand disposed of in above terms.

6. Parties to act on an authenticated copy of this order.

PREETI H JAYANI Digitally signed by PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Date: 2021.07.29 18:13:30 +0530