Mohammad Jararali Lalmohammad vs The State Of Maharashtra And Anr
2021 Latest Caselaw 14506 Bom

                     Megha                               5_IA_1879_2021.doc

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

MEGHA
        signed by
        MEGHA S
        PARAB
                                   INTERIM APPLICATION NO.1879 OF 2021
S
PARAB
        Date:
        2021.10.06
        10:50:52
                                                   IN
                                     CRIMINAL APPEAL NO.337 OF 2021
        +0530




                     Mohammad Jararali Lalmohammad                    ...Applicant
                                    Versus
                     The State of Maharashtra and Anr.               ...Respondents
                                                        ....
                     Mr. Subir Sarkar i/b. Mr. Madan Gupta for the Applicant
                     Mr. S.V. Gavand, APP for the Respondent-State.
                     Ms Savita Yadav for Respondent No.2.


                                                 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 5th OCTOBER, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive sentence

imposed by judgment dated 02/03/2021 in POCSO Special Case No.443

of 2016 and to enlarge the Applicant on bail.

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

Respondent No.1-State and learned counsel for Respondent No.2.

3. The Applicant has been held guilty of ofence under Section

354 of the IPC and Section 10 of the Protection of Children from Sexual

Megha 5_IA_1879_2021.doc

Ofences Act, 2012 and has been sentenced to undergo rigorous

imprisonment for fve years i/d to undergo rigorous imprisonment for

two months.

4. The sentence is a short term sentence. The appeal is of the

year 2021 and is already admitted. Considering the large pendency and

also considering the present situation arising due to Covid 19 pandemic,

it will not be possible to hear the appeal in immediate future.

Moreover, the Appellant was on bail during trial and he has not misused

the liberty.

5. Considering the above facts as well as the nature of

accusations, the application is allowed on following terms and

conditions:-

(i) The substantive sentence imposed vide judgment dated

02/03/2021 in POCSO Special Case No.443 of 2016 is

suspended pending disposal of the appeal;

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

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

or more sureties in the like amount;

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

three months on the day/date specifed by the Trial

Megha 5_IA_1879_2021.doc

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

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.

6. The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)