Bombay High Court
Kishor Vilas Avhad vs State Of Maharashtra on 19 March, 2021
Bench: V. V. Kankanwadi
(1) Cri.App.1904/2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1904 OF 2020
IN
CRIMINAL APPEAL NO.562 of 2020
Kishor s/o Vilas Avhad = APPLICANT
VERSUS
The State of Maharashtra = RESPONDENT
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Mr.SG Bobade & Mr. AS Bangar,Advocates for
Applicant;
Mr.MM Nerlikar,APP for Respondent-State.
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CORAM : SMT.VIBHA KANKANWADI,J.
DATE : 19th March, 2021.
PER COURT :-
1. Present application has been filed for
releasing the applicant on bail by suspension of
substantive sentence imposed by learned Special
Judge (POCSO ACT), Aurangabad in Special Case Child
Prot.No.106 of 2019 dated 4.2.2020, whereby the
present applicant-appellant has been sentenced to
suffer R.I. for three years and to pay fine of
Rs.1500/-, I.d R.I. for six months for the offence
under Section 354 of IPC; and to suffer R.I. for
three years and to pay fine of Rs.1500/-, in
default, R.I. for six months under Section 8 of the
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(2) Cri.App.1904/2020
POCSO Act.
2. Heard learned Advocate and learned APP
appearing for respective parties.
3. The applicant was arrested on 2.5.2019
and since then he is in jail and near about more
than half of the sentence he has already undergone.
The sentence awarded against the applicant is a
short term sentence. The applicant is only earning
member in his family and his family depends upon
him. The applicant will abide by the terms of the
bail, if released. Consequently, the applicant
prays for releasing him on bail by suspending the
substantive sentence awarded by the learned Special
Judge on such terms and conditions as this Court
may deem fit and proper.
4. Per contra, learned APP resisted the
application and supported the reasons assigned by
the learned Special Judge while convicting the
applicant-appellant and imposing the sentences
referred to above. The prosecution has examined
total four witnesses. From the same, it seems that
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(3) Cri.App.1904/2020
there is incriminating evidence against the
accused. There is ample evidence against the
applicant to connect the alleged crime. the learned
Special Judge has properly scanned the evidence
brought on record. It is, therefore, submitted
that the applicant being sans merit, deserves to be
dismissed and it be dismissed accordingly.
5. As it appears from the impugned judgment
of the learned Special Judge, particularly the
sentences those have been awarded against the
applicant are the short-term sentences. In view
of decision in the case of Kiran Kumar Vs. State
of M.P.- (2001) 9 SCC 211, benefit will have to be
given to the applicant when he has demonstrated
that the material and significant points raised by
him in the appeal are required to be considered at
the time of final hearing of the appeal. Further,
applicant has undergone half of the sentence
awarded to him. Therefore, it can be said that a
case is definitely made out for releasing the
applicant on bail by suspending the substantive
sentence during pendency and final disposal of the
appeal. Hence, following order, -
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(4) Cri.App.1904/2020
ORDER
I. The Criminal Application stands allowed;
II. The substantive sentence imposed on the
applicant by the learned Special Judge (POCSO ACT),
Aurangabad in Special Case Child Prot.No.106 of
2019 dated 4.2.2020, is hereby suspended till
hearing and final disposal of the appeal.
III. The applicant be released on his
executing PR and SB of Rs.30,000/- with two
sureties of Rs.15,000/- each.
IV. The applicant shall not commit any
criminal activity.
V. The applicant-appellant to remain present
before the learned Trial Judge once in six months,
till final hearing and disposal of the appeal,
starting from the date he tenders bail papers and,
thereafter the Trial Judge to fix dates for his
subsequent appearances.
VI. In case of two consecutive defaults on
(5) Cri.App.1904/2020
the part of applicant-appellant to remain present
before the Trial Court, the Trial Court to inform
this Court about the same and in that case the
prosecution would be at liberty to file an
application for cancellation of the bail granted to
the applicant-appellant.
VII. Bail before the Trial Court.
(SMT. VIBHA KANKANWADI)
JUDGE
BDV
