Bombay High Court
Ashwin Arvind Puranik vs The State Of Maharashtra And Anr on 11 March, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. Date: 6-IA-830-2021.doc
Pathan 2021.03.12
17:00:51
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 830 OF 2021
IN
CRIMINAL APPEAL NO. 215 OF 2021
Ashwin Arvind Puranik ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Gaurav Parkar a/w Mr. Tarang Jagtiani 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.
THURSDAY, 11th MARCH 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.
3 The applicant vide judgment and order dated 31st December
2020, passed by learned Extra Jt. District & Additional Sessions Judge,
SQ Pathan 1/4
6-IA-830-2021.doc
Raigad, Alibag, in Special (POCSO) Case No. 58/2020, has been convicted
and sentenced as under:-
- for the offence punishable under Section 11 r/w Section 12 of
the Protection of Children from Sexual Offences Act, to suffer
rigorous imprisonment for 1 year and to pay fine of Rs.5,000/-, in
default of payment of fine, to suffer simple imprisonment for 1
month.
The fine amount of Rs. 5,000/- was to be paid to the victim by way of
compensation under Section 357A of Criminal Procedure Code.
4 It is not in dispute that the applicant was on bail pending trial
and that his sentence has been suspended post his conviction. It is also not
in dispute that whilst on bail, the applicant has not abused or misused the
liberty granted to him. The appeal has been admitted by a separate order
passed today and the same is not likely to come up for hearing in the
immediate near future. The sentence awarded is a short term sentence.
5 Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and the applicant is enlarged on bail,
SQ Pathan 2/4
6-IA-830-2021.doc
pending the hearing and final disposal of the 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.20,000/-, with one or two 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 their 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 bail.
6 The application is disposed of in the aforesaid terms.
SQ Pathan 3/4
6-IA-830-2021.doc
7 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
