Shankar @ Shivshankar Siddhayya ... vs The State Of Maharashtra And Anr
2021 Latest Caselaw 15349 Bom

P.H. Jayani                                           35 IA2015.2021.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 2015 OF 2021
                                  IN
                   CRIMINAL APPEAL NO. 664 OF 2021

Shankar @ Shivshankar Siddhayya Swami             .... Applicant
            v/s.
The State of Maharashtra and anr.                 .... Respondents

Mr. Milind R. Deshpande for the Applicant.
Mr. S.V. Gavand, APP for the State.
Mrs. Megha Bajoria for Respondent No.2.


                          CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 26th OCTOBER, 2021.

P. C. :-

. Date of today's hearing is intimated to the Respondent No.2. She

has requested for an advocate from legal aid panel. Ms. Megha Bajoria,

learned advocate is appointed to represent Respondent No.2.

2. By this Application filed under Section 389 of Cr.P.C., the Applicant

has sought suspension of substantive sentence imposed by judgment

dated 07/07/2021 in Special (POCSO) Case No.339/2019. By the

impugned judgment, the learned Extra Joint Additional Sessions Judge,

Pune has convicted the Applicant (accused no.2) in Special Case for

offences under Section 354-B r/w. 34 of the Indian Penal Code and under

P.H. Jayani 35 IA2015.2021.doc

section 8 of the POCSO Act, 2012. He has been sentenced to undergo

rigorous imprisonment for three years and to pay fine of Rs.5,000/- in

default to undergo rigorous imprisonment for six months.

3. Heard Mr. Milind Deshpande, learned counsel for the Applicant, Mr.

S.V. Gavand, learned APP for the State and Ms. Megha Bajoria, learned

counsel for Respondent No.2. I have perused the records and considered

the submissions advanced by the learned counsels for the respective

parties.

4. The sentence imposed is a short term imprisonment. Considering

the large pendency of the cases and also the situation arising from Covid-

19 pandemic, it will not be possible to take up the Appeal 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 07/07/2021 in Special (POCSO)

Case No.339/2019, is suspended pending hearing of the Appeal ;

                       P.H. Jayani                                               35 IA2015.2021.doc

                                    (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 ;

(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.

5. Interim Application stands disposed of accordingly.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2021.10.28 11:01:34 +0530