Bombay High Court
Sourabh Sunil Pagar vs The State Of Maharashtra And Anr on 7 May, 2021
Bench: R.P. Mohite-Dere
17-IA-1275-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1275 OF 2021
(FOR BAIL)
IN
CRIMINAL APPEAL NO. 376 OF 2021
Sourabh Sunil Pagar ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Rakesh Bhatkar for the Applicant
Mr. S. V. Gavand, A.P.P for the Respondent No.1-State
Ms. Shraddha Sawant, appointed Advocate for the Respondent No.2
CORAM : REVATI MOHITE DERE, J.
(THROUGH VIDEO-CONFERENCING)
FRIDAY, 7th MAY 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.
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3 The applicant, vide judgment and order dated 5th April 2021
passed by the learned Extra Joint District Judge and Additional Sessions
Judge, Ratnagiri, in Session Case No. 10/2019, has been convicted and
sentenced as under:
- for the offences punishable under Section 376(2)(j) and (n) of
the Indian Penal Code, to suffer rigorous imprisonment for 10 years
and to pay fine of Rs.10,000/-, in default of payment of fine, to
undergo simple imprisonment for 1 year;
- for the offence punishable under Sections 3 r/w 4 of the
Protection of Children from Sexual Offences Act, to suffer rigorous
imprisonment for 7 years and to pay fine of Rs.10,000/-, in default of
payment of fine, to undergo simple imprisonment for 1 year.
Both the aforesaid sentences were directed to run concurrently.
The applicant was acquitted of the offences punishable under
Sections 312 and 201 r/w 34 of the Indian Penal Code.
4 Learned counsel for the applicant submits that the applicant
was on bail, pending trial. He denies that there were any relations between
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the applicant, aged 19 years and victim aged 17 years 3 months, at the
relevant time. Learned counsel for the applicant submits that there is no
material on record i.e. doctor's evidence to show that the victim was
sexually assaulted or that she underwent abortion.
5 Learned A.P.P as well as Ms. Shraddha Sawant, appointed
advocate for the respondent No. 2 vehemently oppose the application.
Learned appointed advocate for the respondent No. 2 submits that the
applicant had physical relations with the victim girl i.e. respondent No. 2,
after promising marriage to her.
6 It is not in dispute that the applicant was on bail pending trial
and that whilst on bail, the applicant has not misused or abused the liberty
granted to him. Having heard learned counsel for the applicant, the
applicant has prima facie made out a case for suspension of sentence and
enlargement on bail.
7 Accordingly, 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 :
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ORDER
(i) The applicant be enlarged on bail on furnishing P.R.
Bond in the sum of Rs.15,000/- with one or two sureties in the like
amount;
(ii) 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;
(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
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
8 The application is disposed of accordingly.
9 The High Court Legal Services Committee to pay the fees as
per Rules, to Ms. Shraddha Sawant, learned appointed Advocate who has
espoused the cause of the respondent No. 2.
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17-IA-1275-2021.doc
10 Copy of this order be forwarded to The High Court Legal
Services Committee, Mumbai, for information and necessary action.
11 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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