Bombay High Court
Surendra @ Chotu Sito Yadav vs The State Of Maharashtra And Anr on 30 June, 2021
Bench: R.P. Mohite-Dere
4-IA-1118-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1118 OF 2021
IN
CRIMINAL APPEAL NO. 304 OF 2021
Surendra @ Chotu Sito Yadav ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Prabhanjay R. Dave a/w Mr. Deepak Gautam for the Applicant
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent No.1-State
None for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
(THROUGH VIDEO-CONFERENCING)
WEDNESDAY, 30th JUNE 2021
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the appeal.
SQ Pathan 1/4
::: Uploaded on - 01/07/2021 ::: Downloaded on - 02/07/2021 01:32:35 :::
4-IA-1118-2021.doc
3 The applicant, along with other co-accused, vide
judgment and order dated 30th January 2021 passed by the learned
District Judge-7 and Special Judge (POCSO), Thane, in Special Case
(POCSO) No. 6 of 2018, has been convicted and sentenced as under :
- for the offence punishable under Section 366-A r/w Section 34
of the Indian Penal Code, to suffer rigorous imprisonment for 5
years and to pay fine of Rs.1,000/- each, in default of payment of
fine, to suffer further rigorous imprisonment for 1 month;
- for the offence punishable under Section 370-A r/w Section 34
of the Indian Penal Code to suffer rigorous imprisonment for 5 years
and to pay fine of Rs.1,000/- each, in default of payment of fine, to
suffer further rigorous imprisonment for 1 month;
Both the sentences were directed to run concurrently.
The applicant has been acquitted of other offences.
4 Learned counsel for the applicant submits that the
applicant is in custody since his arrest on 9 th October 2017. He
submits that the applicant has undergone about 3 years and 10 months
SQ Pathan 2/4
::: Uploaded on - 01/07/2021 ::: Downloaded on - 02/07/2021 01:32:35 :::
4-IA-1118-2021.doc
of the imprisonment. He submits that even otherwise, the applicant
has a good case on merits. He submits that sentences of two other co-
accused in this case have been suspended and they are released on
bail.
5 Perused the papers. It is not in dispute that the applicant
is in custody since 9th October 2017 and has undergone more than
50% of the sentence imposed on him i.e. about 3 years and 10 months.
The appeal has been admitted by a separate order passed today. The
sentence imposed is a short term sentence and the appeal is not likely
to be heard in near future. The applicant has no antecedents.
6 Accordingly, the application is allowed and the
applicant's sentence is suspended and she is enlarged on bail, pending
the hearing and final disposal of his appeal, on the following terms
and conditions:
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.15,000/- with one or two local sureties in the like
amount;
SQ Pathan 3/4
4-IA-1118-2021.doc
ii) The applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till his appeal is
finally disposed of;
iii) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
iv) 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
cancellation of applicant's bail.
7 The application is disposed of accordingly.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
