Bombay High Court
Surya Anbalgan Harijan vs The State Of Maharashtra And Anr on 26 October, 2021
Bench: Anuja Prabhudessai
P.H. Jayani 19 APEAL839 OF 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 839 OF 2021
WITH
INTERIM APPLICATION NO. 2452 OF 2021
WITH
INTERIM APPLICATION NO. 2453 OF 2021
IN
CRIMINAL APPEAL NO. 839 OF 2021
Surya Anbalgan Harijan .... Appellant
v/s.
The State of Maharashtra and anr. .... Respondents
Mr. D.H. Kumthekar for the Appellant.
Mr. P.H. Gaikwad, APP for the State.
Mrs. Megha Bajoria for Respondent No.2.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 26th OCTOBER, 2021.
P. C. :-
ORDER IN CRIMINAL APPEAL NO. 839 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 NOS.2452/2021 & 2453/2021 :-
2. Learned APP states that Respondent No.2 has been duly notified
P.H. Jayani 19 APEAL839 OF 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. These are the Applications under Section 389 of Cr.P.C. filed by
the aforesaid Applicant for suspension of sentence imposed by
judgment dated 13/08/2021 in POCSO Special Case No.536 of 2019
passed by the learned Special Judge under P.O.C.S.O. Act, Greater
Mumbai and bail.
4. Heard Mr. D.H. Kumthekar, 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,
354(A) and 448 of the Indian Penal Code and Section 10 of Protection
of Children from Sexual Offences (POCSO) Act, 2012. The learned
Judge has sentenced the Applicant for a maximum period of
imprisonment of three years. The sentence imposed is a short term
P.H. Jayani 19 APEAL839 OF 2021.doc
imprisonment. Considering the 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 13/08/2021 in POCSO Special
Case No.536 of 2019, 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 19 APEAL839 OF 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 Nos.2452/2021 & 2543/2021 stand disposed
of accordingly.
PREETI (SMT. ANUJA PRABHUDESSAI, J.)
H JAYANI
Digitally signed by
PREETI H JAYANI
Date: 2021.10.28
11:05:04 +0530
