Bombay High Court
Avadhraj Jitbahadur Pal vs The State Of Maharashtra And Anr on 3 May, 2021
Bench: R.P. Mohite-Dere
19. IA 1239-21 in A 358-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1239 OF 2021
IN
CRIMINAL APPEAL NO. 358 OF 2021
Avadhraj Jitbahadur Pal ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Karl Rustomkhan i/b Mr. Vaibhav Jagtap for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
Ms. Devyani Kulkarni 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 17/03/2021
passed by the learned Special Judge under POCSO, Greater Mumbai, in
POCSO Special Case No.658 of 2019, has been convicted and sentenced as
under :-
- for the offence punishable under Section 8 of the Protection of
Children from Sexual Offences Act, 2012, to suffer rigorous
imprisonment for 3 years and to pay fine of Rs.500/-, in default to
undergo further simple imprisonment for 10 days;
- for the offence punishable under Section 12 of the Protection of
Children from Sexual Offences Act, 2012, to suffer rigorous
imprisonment for 6 months and to pay fine of Rs.500/-, in default, to
undergo further simple imprisonment for 10 days;
All the substantive sentences were directed to run concurrently.
From the fine amount, compensation of Rs.10,000/- were
directed to be paid to the victim girl.
4. It appears that the applicant was on bail, pending trial and that
he has not abused or misused the liberty granted to him. Even post his
conviction, his sentence was suspended to enable the applicant to file an
appeal.
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5. The sentence awarded is a short term sentence. The appeal has
been admitted by a separate order passed on 23/04/2021. The same is not
likely to be heard in the immediate near future. It also appears that the
applicant has no antecedents.
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 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 four
months on the day/date specified by the trial Court, till his appeal is finally
disposed of;
iii) The applicant shall not contact or threaten the victim,
witnesses or any person concerned with the case;
iv) The applicant shall keep the trial Court informed of his
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19. IA 1239-21 in A 358-21.doc
current address and mobile contact number and/or change of residence or
mobile details, if any, from time to time;
v) 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.Devyani Kulkarni, learned appointed Advocate, who has
espoused the cause of the respondent No.2.
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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