Kapil Prakash Satvekar vs The State Of Maharashtra And Ors
2021 Latest Caselaw 16483 Bom

                     Megha                               29_ia_1973_2021 in apeal_652_2021.doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
        Digitally

MEGHA
S
        signed by
        MEGHA S
        PARAB
                                   INTERIM APPLICATION NO.1973 OF 2021
                                                   IN
        Date:
PARAB   2021.12.01
        12:20:20
        +0530

                                     CRIMINAL APPEAL NO.652 OF 2021

                     Kapil Prakash Satvekar                            ...Applicant
                                    Versus
                     The State of Maharashtra and Anr.               ...Respondents
                                                      ....
                     Mr. Mahendra Kawchale for the Applicant.
                     Mr. S.V. Gavand, APP for Respondent No.1-State.
                     Ms Megha Bajoria for Respondent No.2 (appointed)

                                                 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 29th NOVEMBER, 2021.

P.C.:-

By this application, fled under Section 389 of the Code of

Criminal Procedure, 1973 the Applicant has sought to suspend the

substantive sentence imposed by judgment dated 17/12/2020 passed

by the learned Additional Sessions Judge, Kolhapur in Special Case

No.64 of 2015 and to release him on bail.

2. By the impugned judgment, the learned Judge has held the

Applicant guilty of ofence punishable under Sections 341, 354, 354-A,

354-D and 506 of the IPC and Sections 8 and 12 of the Protection of

Children from Sexual Ofences Act, 2012 (POCSO).

Megha 29_ia_1973_2021 in apeal_652_2021.doc

3. The Applicant has been sentenced to undergo maximum

term of rigorous imprisonment for three years. The appeal is already

admitted. Considering the large pendency of the cases and the present

situation arising from Covid-19 pandemic, fnal hearing of the appeal

will take considerable time. Moreover, the Applicant was on bail,

pending trial and has not misused the liberty.

4. In view of above facts and considering the nature of

accusations, in my considered view this is a ft case for suspension of

substantive sentence pending disposal of the appeal. Hence, the

application is allowed on following terms and conditions:-

(i) The substantive sentence imposed on the Applicant

vide judgment dated 17/12/2020 in Special Case No.64

of 2015 is suspended pending disposal of the appeal;

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

furnishing bail bonds in the sum of Rs.15,000/- with one

or two sureties to the like amount;

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

three months on the day/date specifed by the Trial

Court, till the appeal is fnally disposed of.

(iv) The Applicant shall keep the Trial Court informed of his

current address and mobile contact number and /or

Megha 29_ia_1973_2021 in apeal_652_2021.doc

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 fle an application seeking cancellation of

bail.

5. The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)