Bombay High Court
Vijaykumar Avadh Narayan Sharma vs The State Of Maharashtra And Anr on 8 March, 2021
Bench: R.P. Mohite-Dere
16-IA-479 & 480-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 480 OF 2021
(For Suspension of Sentence)
WITH
CRIMINAL INTERIM APPLICATION NO. 479 OF 2021
(For Bail)
IN
CRIMINAL APPEAL NO. 133 OF 2021
Vijaykumar Avadh Narayan Sharma ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. D. H. Kumtehkar for the Applicant
Ms. Veera Shinde, A.P.P for the Respondent No.1-State
PSI Mr. Shingate from Mulund Police Station, is present
CORAM : REVATI MOHITE DERE, J.
MONDAY, 8th MARCH 2021
P.C. :
1 Heard learned counsel for the parties.
2 By these applications, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the aforesaid appeal.
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3 The applicant, vide judgment and order dated 13th January
2021, passed by learned Special Judge under the Protection of Children
from Sexual Offences Act, Greater Bombay, in POCSO Special Case No.
38 of 2014, has been convicted and sentenced as under:-
- for the offence punishable under Section 452 of the Indian
Penal Code, to suffer rigorous imprisonment for 1 year and to pay a
fine of Rs.1,000/- in default of payment of fine, to undergo simple
imprisonment for 1 month;
- for the offence punishable under Section 342 of the Indian
Penal Code, to suffer rigorous imprisonment for 1 month and to pay a
fine of Rs. 500/- in default of payment of fine, to undergo simple
imprisonment for 15 days;
- for the offence punishable under Section 8 of the Protection of
Children from Sexual Offences Act, to suffer rigorous imprisonment
for 3 years and to pay a fine of Rs.1,000/- in default of payment of
fine, to undergo simple imprisonment for 1 month;
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All the aforesaid sentences were directed to run concurrently.
The applicant was acquitted for the offence punishable under Section
354-A of the Indian Penal Code and under Section 12 of the Protection
of Children from Sexual Offences Act.
It is informed that the applicant has deposited the fine amount.
4 Learned counsel for the applicant states that the applicant was
on bail pending trial and has not abused or misused the liberty granted to
him. He submits that even post conviction, the applicant's sentence has
been suspended. Learned counsel submits that the said period will come to
an end.
5 It appears that the respondent No. 2 (grandmother of the victim
girl) is served. Learned counsel for the applicant has also tendered an
affidavit of service to that effect. The same is taken on record. Learned
A.P.P also does not dispute the fact that the respondent No. 2 (grandmother
of the victim girl) is served. She submits that respondent No. 2 has since
expired, however, she states that the victim girl's aunt has been informed
about the hearing of these applications.
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6 The appeal has been admitted by this Court vide order dated
25th February 2021. The sentence imposed is a short term sentence and the
appeal is not likely to be heard in near future.
7 Considering the aforesaid, the applications are allowed and
the applicant's sentence is suspended and he 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 more sureties in the like amount;
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;
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16-IA-479 & 480-2021.doc
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.
8 The Applications are accordingly disposed of.
9 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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