Bombay High Court
Rahul Daulat Bodke vs The State Of Maharashtra And Anr on 8 October, 2021
Bench: Anuja Prabhudessai
Megha 12_IA_1365_2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally signed
MEGHA
INTERIM APPLICATION NO.1365 OF 2021
by MEGHA S
PARAB
S Date:
2021.10.12
PARAB
IN
12:08:34
+0530
CRIMINAL APPEAL NO.429 OF 2021
Rahul Daulat Bodke ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
....
Mr. Chetan S. Damre for the Applicant.
Mr. P.H. Gaikwad, APP for the Respondent -State.
Ms Savita Yadav for Respondent No.2.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 8th OCTOBER, 2021.
P.C.:-
Notice was duly served on Respondent No.2. She has stated
that she is unable to engage an advocate. Hence, Ms Savita Yadav from
Legal Aid Panel is appointed to represent Respondent No.2.
2. Heard learned counsel for the Applicant, learned APP for the
Respondent-State and learned counsel for Respondent No.2. Perused
the records.
3. The Applicant herein has sought suspension of substantive
sentence imposed vide judgment dated 24/03/2021 passed by the
learned Additional Sessions Judge and Special Judge (POCSO), Nashik in
Megha 12_IA_1365_2021.doc
Sessions Case (POCSO) No.186 of 2018.
4. By the impugned judgment learned Special Judge has held
the Applicant guilty of ofences punishable under Sections 354-A(1)(i)
read with Section 354-A(2) of the IPC and Section 7 read with section 8
of the Protection of Children from Sexual Ofences Act, 2012 (POCSO).
He has been sentenced to undergo rigorous imprisonment for 3 years
with fne of Rs.2,000/- i/d to under go simple imprisonment for a period
of two months.
5. The maximum sentence is of three years. The Appeal is
admitted. Considering the large pendency of cases and the present
situation arising from Covid-19 pandemic, it will not be possible to take
the appeal for fnal hearing in immediate future.
6. Considering the above facts and so also the nature of
evidence thereto, this is a ft case to suspend the sentence pending
hearing of the appeal. Hence, the application is allowed on following
terms and conditions:-
(i) The substantive sentence imposed vide judgment
dated 24/03/2021 in Sessions Case (POCSO) No.186
of 2018 is suspended pending disposal of the
Megha 12_IA_1365_2021.doc
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 two 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
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.
7. The application stands disposed of.
(SMT. ANUJA PRABHUDESSAI, J.)
