Krishnamurari @ Murli Ramkaran ... vs The State Of Maharashtra And Anr
2021 Latest Caselaw 16429 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 2682 OF 2021
                                          IN
                           CRIMINAL APPEAL NO. 907 OF 2021


             Nivrutti Devram Kalbhor                  ..Applicant

                         v/s.

             The State of Maharashtra                 ..Respondent/s

             Mr. Pranav Pokale i/b. Aditya Bagal for the Appellant .
             Mr. P.H.Gaikwad APP for the Respondent-State.
             Mr. Harshad Sathe for the Respondent No.2.

                                CORAM : ANUJA PRABHUDESSAI, J.

DATED : 26th NOVEMBER, 2021.

P.C.

1. By this application filed under Section 389 Cr.P.C. the

Applicant has sought suspension of substantive sentence imposed

vide judgment dated 28.09.2021 in POCSO Special Case No. 548

of 2018. By the impugned judgment the Applicant has been held

guilty of offences under Section 7 and 11 and has been sentenced

to undergo rigorous imprisonment for a period of 3 years with fine

of Rs.35,000/- I.d. to suffer simple imprisonment for 4 months for

offence under Section 7 , and to suffer rigorous imprisonment for

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a period of 1 year with fine of Rs.15000/- I.d. to suffer simple

imprisonment for 2 months for offence under Section 11 of the

POCSO Act. He has been further held guilty of offence under

Section 354A, however no separate sentence has been passed in

view of Section 42 of POCSO Act.

2. Heard learned Counsel for the Applicant, learned APP for the

State and learned Counsel for the Respondent No.2. Perused the

record and considered the submissions advanced by the learned

Counsels for the respective parties.

3. The sentence imposed against the Applicant is a short term

imprisonment. Appeal is already admitted. The appeal is of the

year 2021 and is not likely to come up for final hearing in the near

future due to large pendency of old cases.

4. In view of the above, and also considering the nature of

acquisition and the material in support thereof, in my considered

view this is a fit case for suspension of sentence pending the

disposal of the appeal. Hence the application is allowed on the

following terms and conditions:-

(i) Substantive sentence imposed against the Applicant by

judgment dated 28.09.2021 in POCSO Special Case No. 548

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of 2018 is suspended pending hearing of the appeal;

ii) The Applicant is ordered to be released on bail on

furnishing P.R. Bond in the sum of Rs.10,000/- (Ten

Thousand Only) with one or two sureties in the like amount,

to the satisfaction of the Trial Court;

iii) The applicant shall report to the Trial Court once in

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

the Appeal is finally disposed of;

iv) 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.

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 application seeking cancellation of bail.

.

Digitally Application is accordingly disposed of. signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2021.11.26 19:29:27 +0530 (ANUJA PRABHUDESSAI, J.)

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