Akilshaha Jabbarshaha vs The State Of Maharashtra
2021 Latest Caselaw 7508 Bom

                                      1             901-Cr-Appln-510-2021.doc



             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD
                    CRIMINAL APPLICATION NO. 510 OF 2021
                                    IN
                       CRIMINAL APPEAL NO. 54 OF 2021

 Akilshaha Jabbarshaha                                 ... Applicant
       Versus
 The State of Maharashtra                              ... Respondent
                                    ....
 Mr. Joydeep Chatterji, Advocate for the applicant
 Mr. P. M. Kulkarni, APP for the respondent-State
                                    ....

                                  CORAM : R. G. AVACHAT, J.
                                          (VACATION COURT)
                                  DATED : 27th MAY, 2021

 PER COURT :-

 .                This application has been moved for suspension of the

 execution of the sentence passed vide judgment and order dated

 27.01.2021 by the learned Special Judge, Bhusawal, District Jalgaon

 in Special [POCSO] Case No.2/2016. The applicant has been

 convicted and sentenced as under:-

  [1] Under Section 363 of the            -   One Year R.I.
      Indian Penal Code                       fine Rs.1,000/-,
                                              i.d. 1 month R.I.
  [2] Under Section 4 of the                  Ten Years R.I.
      Protection of Children From             fine Rs.35,000/-,
      Sexual Offences Act, 2012.              i.d. 6 months R.I.
  [3] Under Section 506 of the                Six Months R.I.
      Indian Penal Code.                      fine Rs.500/-
                                              i.d. 15 days R.I.

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                  The substantive sentences have been directed to run

 concurrently.


 2.               Heard.

                  Perused the impugned judgment and evidence of

 material witnesses. The learned APP strongly opposed for grant of

 the application. According to him, the applicant has committed

 serious offence.


 3.               The applicant was on bail, pending the trial. From the

 FIR and the evidence of the victim, it appears to be the case of

 emotional involvement. The victim claimed to have been 15 years of

 age at the relevant time. In proof of her age, none of her parents

 have been examined. Her school leaving certificate was produced in

 evidence and proved by the testimony of a Clerk from the concerned

 school.


 4.               The appeal is of the year 2021. It will take time for

 hearing the appeal. Without making further observations as to the

 merits, suffice it to say that the execution of the sentence passed

 against the applicant needs to be suspended, pending the appeal.

 Hence, I pass the following order:-


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                                    ORDER

(i) The application is allowed in terms of prayer clause

[B].

(ii) Pending the appeal, the substantive sentence

imposed by the trial Court is suspended and the

applicant be released on bail on his executing P. R.

bond in the sum of Rs.15,000/- (Rupees Fifteen

Thousand) with surety bond in the like amount.

(iii) Bail before the trial Court.

[ R. G. AVACHAT, J. ]

SMS

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