Bombay High Court
Tohim Amin Latkar vs The State Of Maharashtra And Anr on 3 May, 2021
Bench: R.P. Mohite-Dere
17. IA 1202-2021 in A 335-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1202 OF 2021
IN
CRIMINAL APPEAL NO. 335 OF 2021
Tohim Amin Latkar ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Kedar J. Patil for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent No.1-State.
Ms. Manisha Devkar appointed as an Amicus Curiae for the Respondent
No.2.
CORAM : REVATI MOHITE DERE, J.
DATE : 3rd MAY, 2021
(Through Video Conferencing)
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
his appeal.
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3. The applicant, vide judgment and order dated 10/03/2021
passed by the learned Special Judge (POCSO), Ichalkaranji, District
Kolhapur, in POCSO Special Case No.11 of 2017, has been convicted and
sentenced as under :-
- for the offence punishable under Section 306 of the Indian
Penal Code to suffer rigorous imprisonment for 10 years and to pay
fine of Rs.50,000/-, in default to undergo further rigorous
imprisonment for 1 year;
- for the offence punishable under Section 354(D)(1) of the
Indian Penal Code to suffer rigorous imprisonment for 2 years and to
pay fine of Rs.5,000/-, in default, to undergo further rigorous
imprisonment for 3 months;
- for the offence punishable under Section 506 of the Indian
Penal Code, to suffer rigorous imprisonment for 1 year and to pay
fine of Rs.1,000/-, in default, to undergo further rigorous
imprisonment for 1 month;
- for the offence punishable under Section 12 of the Protection
of Children from Sexual Offences Act, 2012, to suffer rigorous
imprisonment for 2 years and to pay fine of Rs.5,000/-, in default, to
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undergo further rigorous imprisonment for 3 months;
All the substantive sentences were directed to run concurrently.
4. Learned Counsel for the applicant submits that considering the
evidence adduced by the prosecution, no offence either under Section 306
much less under Section 354(D)(1) of the Indian Penal Code and Section
12 of the Protection of Children from Sexual Offences Act, 2012,or Section
506 of the Indian Penal Code is disclosed as against the applicant. He
submits that the learned Judge has erred in concluding that the applicant
demanded sexual favour from the victim girl only because he allegedly told
the victim girl that 'if she did not give him the teddy bear, then see what he
will do'. He submits that the victim girl committed suicide not because of
the harassment meeted out by the applicant, but as her parents had
reprimanded her. He submitted that the words allegedly uttered by the
applicant "see what I will do." would not constitute an offence under
Section 354(D)(1) of the Indian Penal Code, in the absence of any material
on record to show that the applicant demanded any sexual favour from the
victim girl. He submitted that the applicant was on bail pending trial and
that he has not abused or misused the liberty granted to him. He submits
that in fact, the evidence on record shows that the victim girl's father did
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not like his daughter i.e. the victim girl talking to the applicant on phone
and hence she committed suicide. He submits that no suicide note has been
left by the victim girl. He further submits that the FIR was not only lodged
belatedly, but even the cause for suicide mentioned in the FIR, is for
unknown reasons.
5. Having heard learned Counsel for the applicant, learned APP
for the State and the learned Counsel for the Respondent No.2, the
applicant has prima facie, made out a case for suspension of his sentence
and enlargement on bail.
6. 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 released on cash bail in the sum of
Rs.25,000/-, for a period of eight weeks;
ii) The applicant shall within the said period of eight weeks,
furnish P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in
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17. IA 1202-2021 in A 335-21.doc
the like amount;
iii) The applicant shall not contact or threaten the witnesses or any
person concerned with the case;
iv) The applicant shall report to the trial Court, once in six months
on the day/date specified by the trial Court, till his appeal is finally
disposed of;
v) 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;
vi) 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.
7. The High Court Legal Services Committee to pay the fees as
per Rules, to Ms.Manisha Devkar, learned appointed Advocate, who has
espoused the cause of the respondent No.2.
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8. Copy of this order be forwarded to the High Court legal
Services Committee, for information and necessary action.
9. The application is accordingly disposed of.
10. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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