Amit Sunil Bagade vs The State Of Maharashtra And Ors
2021 Latest Caselaw 14619 Bom

                                                                   35 apeal 698-21.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION
                         CRIMINAL APPEAL NO. 698 OF 2021

             Amit Sunil Bagade                             ..Appellant

                        v/s.
             The State of Maharashtra & Ors.               ..Respondent/s

             Mr. Aniket Gawand for the Applicant.
             Mr. S.V.Gawant, APP for the Respondent-State.
             Ms. Megha Bajoria, Advocate appointed for the Respondent No.2.

                                CORAM : ANUJA PRABHUDESSAI, J.

DATED : 6th OCTOBER 2021.

P.C.

1. The Appellant herein has sought suspension of sentence

imposed by judgment dated 09.08.2021 in POCSO Special Case

No.310 of 2016 .

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

State and Ms. Megha Bajoria, learned Advocate for Respondent

No.2. I have perused the records.

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

354 of IPC and Section 8 of Protection of Children from Sexual

Offences Act, 2012. He has been sentenced to undergo rigorous

imprisonment for one year with fine of Rs.1000/- I.d. suffer simple

imprisonment for 15 days for offence under Section 354 IPC, and

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rigorous imprisonment for three years with fine of Rs.5000/- in

default to suffer simple imprisonment for three months for the

offence under Section 8 of the Protection of Children from Sexual

Offence Act.

4. The sentence imposed is short term sentence. The appeal is

admitted. Considering the large pendency of old cases, as well as

the present situation arising from COVID 19 it will not be possible

to take up the appeal for hearing in immediate future.

5. In view of the above, considering the nature of accusation

against the Appellant and the evidence in support thereof, this is a

fit case for suspending the execution of sentence pending hearing

of the appeal. Hence the order.

(i) Execution of sentence imposed against the Applicant

vide judgment dated 09.08.2021 in POCSO Special Case No.

310 of 2016 is suspended pending hearing of the appeal;

(ii) The Applicant be released on provisional cash bail in

the sum of Rs.15,000/- for a period of four weeks;

(iii) The Applicant shall within the said period of four

weeks furnish P.R. Bond in the sum of Rs.15,000/- with one

or two solvent sureties in the like amount;

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iv) The applicant shall keep the Court informed of his

current address and mobile/contact numbers and/or change

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

. Application is accordingly disposed of.

Digitally signed by PRASANNA P (ANUJA PRABHUDESSAI, J.) PRASANNA P SALGAONKAR SALGAONKAR Date:

2021.10.07 16:24:22 +0530

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