Somnath Bhagwan Dhanavade vs The State Of Maharashtra And Anr
2021 Latest Caselaw 15348 Bom

P.H. Jayani                                        20 APEAL845.2021.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL APPEAL NO. 845 OF 2021
                                WITH
                 INTERIM APPLICATION NO. 2471 OF 2021
                                WITH
                   CRIMINAL APPEAL NO. 845 OF 2021

Somnath Bhagwan Dhanavade                       .... Appellant
           v/s.
The State of Maharashtra and anr.               .... Respondents

Mr. Laxman Kalel for the Appellant/Applicant.
Mr. P.H. Gaikwad, APP for the State.
Ms. Megha Bajoria for Respondent No.2.


                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 26th OCTOBER, 2021.

P. C. :-

ORDER IN CRIMINAL APPEAL NO. 845 OF 2021 :-

. Heard. Admit. Call for the Record and Proceedings. Filing of

paper book is dispensed with. Mr. P.H. Gaikwad, learned APP waives

service on behalf of Respondent No.1. Ms. Megha Bajoria, learned

counsel waives service on behalf of Respondent No.2.

ORDER IN INTERIM APPLICATION NO.2471 OF 2021 :-

2. Learned APP states that Respondent No.2 has been duly notified

P.H. Jayani 20 APEAL845.2021.doc

and that she has requested for an advocate from Legal Aid Panel. He

has placed on record a report. Ms. Megha Bajoria, learned advocate is

appointed to represent the Respondent No.2.

3. This is an Application under Section 389 of Cr.P.C. filed by the

aforesaid Applicant for suspension of sentence imposed by judgment

dated 29/09/2021 in Special (POCSO) Case No.8/2020 passed by the

learned Special Judge for POCSO Act, Additional Sessions Judge & DJ-

1, Islampur.

4. Heard Mr. Laxman Kalel, learned counsel for the Applicant, Mr.

P.H. Gaikwad, learned APP for the State and Mrs. Megha Bajoria,

learned APP for the State. I have perused the records and considered

the submissions advanced by the learned counsels for the respective

parties.

5. The Applicant herein was charged for offence under Section 354,

354A(i), 354D, 504, 506 of the Indian Penal Code and Section 11(4),

12 of Protection of Children from Sexual Offences (POCSO) Act, 2012.

The maximum sentence imposed against the Applicant is of one year.

The sentence imposed is a short term imprisonment. Considering the

P.H. Jayani 20 APEAL845.2021.doc

large pendency of the cases and also the present situation arising from

Covid-19 pandemic, it will not be possible to take up the Appeal for

hearing in immediate future. In view of the above and also considering

the nature of the accusations and evidence in support thereof, this is a

fit case for suspension of substantive sentence pending hearing of the

Appeal. Hence, the Interim Application is allowed on following terms

and conditions :-

(a) Execution of substantive sentence imposed against the

Applicant by judgment dated 29/09/2021 in Special (POCSO)

Case No.8/2020, is suspended pending hearing of the Appeal ;

(b) The Applicant shall be released on bail on furnishing

P.R. Bonds in the sum of Rs.15,000/- with one or two solvent

sureties in the like amount to the satisfaction of the Trial

Court ;

(c) 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 ;

                       P.H. Jayani                                               20 APEAL845.2021.doc

                                    (d)      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 ;

(e) 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.

6. Interim Application stands disposed of accordingly.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2021.10.28 11:04:39 +0530