Bombay High Court
Durlabh @Dilip Kanji Jethwa vs The State Of Maharashtra on 10 March, 2021
Bench: R.P. Mohite-Dere
Digitally signed by
Nisha S. Nisha S. Chitnis
Chitnis Date: 2021.03.12
13:37:36 +0530
1/4 23-ia.682.2021.doc
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMIN AL INTERIM APPLICATION NO.682 OF 2021
IN
CRIMINAL APPEAL NO.171 OF 2021
Durlabh @ Dilip Kanji Jethwa ...Applicant/Appellant
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Rahul Arote, for the Applicant/Appellant.
Mr. S. V. Gavand, A.P.P for the Respondent No.1 - State.
PSI - Rathod, Ghatkopar Police Station, is present.
CORAM : REVATI MOHITE DERE, J.
DATE : 10th MARCH, 2021
P.C. :
1. Pursuant to the order dated 1 st March 2021, the learned counsel
for the applicant has filed an affidavit stating therein, that the respondent
No.2 has been served. The said affidavit is taken on record. Learned APP
also on instructions informs that the concerned officer has informed the
respondent No.2 of today's date. He submits that the respondent No.2 has
not given any statement whether she intends to engage an advocate or
whether an advocate should be appointed on her behalf to espouse her
cause.
2/4 23-ia.682.2021.doc
2. Considering the aforesaid, Ms. Savita Yadav is appointed as
an Amicus Curiae to espouse the cause of the respondent No. 2 in the said
matter.
3. Heard learned counsel for the parties.
4. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the aforesaid appeal.
5. The applicant has been convicted by the learned Special Judge
under POCSO Act, Greater Mumbai in POCSO Special Case No. 250 of
2017, vide Judgment and Order dated 1st February 2021, for the offences
punishable under Section 354 of the Indian Penal Code and under Sections
8 and 12 of Protection of Children from Sexual Offences Act, and has
been sentenced to suffer rigorous imprisonment for 3 years and to pay fine
of Rs.5,000/-, in default, to suffer simple imprisonment for 6 months. The
fine amount is to be paid as compensation to the victim, after appeal period
is over.
3/4 23-ia.682.2021.doc
6. Perused the papers. It is not in dispute that the applicant was
on bail pending trial and that he has not abused or misused the liberty
granted to him. It is also not in dispute that the applicant's sentence was
suspended post his conviction to enable him to file the aforesaid appeal.
The Appeal has been admitted by this Court vide order dated 1 st March,
2021 and the same is not likely to come up for the hearing in the immediate
near future. The sentence awarded is a short term sentence.
7. Considering the aforesaid, the application is 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 local 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;
4/4 23-ia.682.2021.doc
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 bail.
8. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
9. All concerned to act on the authenticated copy of this order.
10. Learned Counsel Ms. Savita Yadav's appearance/name be
shown on board, on behalf of the respondent No.2, whenever the aforesaid
appeal is listed.
REVATI MOHITE DERE, J.
