Dipak Prakash Mene vs The State Of Maharashtra And Anr
2021 Latest Caselaw 15859 Bom

Citation : 2021 Latest Caselaw 15859 Bom
Judgement Date : 16 November, 2021

Bombay High Court

Dipak Prakash Mene vs The State Of Maharashtra And Anr on 16 November, 2021

Bench: Anuja Prabhudessai

P.H. Jayani                                        09 APEAL380.2021.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL APPEAL NO. 380 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 1278 OF 2021
                                  IN
                    CRIMINAL APPEAL NO.380 OF 2021

Dipak Prakash Mene                             .... Applicant
           v/s.
The State of Maharashtra and anr.              .... Respondents

Mr. Satish B. Yadav i/b. Ms. Shital Turakhia for the Applicant.
Mr. S.V. Gavand, APP for the State.
Mrs. Farhana Shah for Respondent No.2.


                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 16th NOVEMBER, 2021.

P. C. :-

ORDER IN CRIMINAL APPEAL NO.380 OF 2021 :-

. Heard. Admit. Call for the record and proceedings. Mr. S.V.

Gavand, learned APP waives service on behalf of Respondent No.1 and

Mrs. Farhana Shah, learned counsel waives service on behalf of

Respondent No.2. Paper book to be filed within a period of six months.

ORDER IN INTERIM APPLICATION NO.1278 OF 2021 :-

2. This is an Application under Section 389 of Cr.P.C. filed by the

P.H. Jayani 09 APEAL380.2021.doc

aforesaid Applicant seeking suspension of substantive sentence

imposed by judgment dated 06/02/2021 in Special POCSO Case

No.289/2016. By the impugned judgment, the learned Special Judge

under P.O.C.S.O. Act, Greater Bombay has held the Applicant guilty of

offence under section 10 of Protection of Children from Sexual

Offences (POCSO) Act, 2012 and sentenced him to undergo rigorous

imprisonment of five years with fine of Rs.10,000/- in default to

undergo simple imprisonment for three months. The Applicant has

also been held guilty of offence under section 354-B of the Indian Penal

Code and sentenced to undergo rigorous imprisonment for three years

with fine of Rs.1,000/- in default to undergo simple imprisonment for

15 days.

3. Heard Mr. Satish Yadav, learned counsel for the Applicant, Mr.

S.V. Gavand, learned APP for the State and Mrs. Farhana Shah, learned

counsel for Respondent No.2. I have perused the records and

considered the submissions advanced by the learned counsel for the

respective parties.

4. The case of the prosecution in brief is that on 09/04/2016, the

Applicant herein kissed and committed act of sexual assault on the

P.H. Jayani 09 APEAL380.2021.doc

victim who was 12 years of age. The sentence imposed against the

Applicant is a short term sentence. The Applicant has already

undergone sentence of one year. Considering the large pendency of the

cases and also the situation arising from Covid-19 pandemic, it will not

be possible to take up the Appeal in immediate future. It is stated that

the Applicant was on bail during trial and he has not violated the terms

and conditions of the bail. Considering the above facts and

circumstances, this is a fit case for suspension of substantive sentence

pending hearing of the Appeal. Hence, the Interim Application is

allowed on following terms and conditions :-

(a) Execution of substantive sentence imposed against the

Applicant by judgment dated 06/02/2021 in Special POCSO

Case No.289/2016, is suspended pending hearing of the

Appeal ;

(b) The Applicant shall be released on bail on furnishing

P.R. Bonds in the sum of Rs.25,000/- with one or two solvent

sureties in the like amount to the satisfaction of the Trial

Court ;


              (c)        The Applicant shall report to the Trial Court once in



                       P.H. Jayani                                               09 APEAL380.2021.doc

two months on the day/date specified by the Trial Court, till

the Appeal is finally disposed of ;

(d) The Applicant shall keep the trial Court informed of

his current address and mobile/contact numbers and/or

change of residence or mobile details, if any, from time to

time ;

(e) 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

application seeking cancellation of bail.