Bombay High Court
Akash Siddharth More vs The State Of Maharashtra And Anr on 7 May, 2021
Bench: R.P. Mohite-Dere
24-IA-858-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 858 OF 2021
IN
CRIMINAL APPEAL NO. 226 OF 2021
Akash Siddharth More ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Gaurav Parkar for the Applicant
Mr. S. V. Gavand, A.P.P for the Respondent No.1-State
Ms. Manisha Devkar, 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.
SQ Pathan 1/4
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3 The applicant, vide judgment and order dated 26 th February
2021 passed by the Extra Joint District and Additional Sessions Judge,
Raigad-Alibag, in Special (POCSO) Case No. 76/2020, has been convicted
and sentenced as under:
- for the offence punishable under Section 9(m) of the
Protection of Children from Sexual Offences Act, to suffer rigorous
imprisonment for 5 years and to pay fine of Rs.5,000/-, in default of
payment of fine, to undergo simple imprisonment for 1 month.
4 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. The appeal has been admitted by this Court vide order
dated 22nd March 2021. The sentence awarded is a short term sentence and
the appeal is not likely to be heard in the immediate near future.
5 Having heard learned counsel for the parties, the applicant has
prima facie made out a case for suspension of his sentence and enlargement
on bail.
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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. 15,000/-, for a period of 8 weeks;
(ii) The applicant shall within the said period of 8 weeks,
furnish P.R. Bond in the sum of Rs. 15,000/- with one or two
sureties in the like amount;
(iii) 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;
(iv) The applicant shall not contact or threaten the victim,
witnesses or any person concerned with the case;
(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;
SQ Pathan 3/4
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7 The application is disposed of accordingly.
8 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.
9 Copy of this order be forwarded to The High Court Legal
Services Committee, Mumbai, for information and necessary action.
10 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
