Bombay High Court
Sufiyan Abdul Khan vs The State Of Maharashtra And Anr on 26 October, 2021
Bench: Anuja Prabhudessai
P.H. Jayani 22 APEALST.15894.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL (ST.) NO. 15894 OF 2021
WITH
INTERIM APPLICATION NO. 2509 OF 2021
WITH
CRIMINAL APPEAL (ST.) NO. 15894 OF 2021
Sufiyan Abdul Khan .... Appellant
v/s.
The State of Maharashtra and anr. .... Respondents
Mrs. Anjali Awasti 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 (ST.) NO.15894 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. 2508 OF 2021 :-
2. This is an Application under Section 389 of Cr.P.C. for suspension
P.H. Jayani 22 APEALST.15894.2021.doc
of substantive sentence imposed by judgment dated 29/11/2018 in
POCSO Special Case No.1165/2013. By the impugned judgment, the
learned Special Judge under P.O.C.S.O. Act, Greater Bombay has held
the Applicant guilty of offence under Section 376 of the Indian Penal
code and for offence under Section 8 of the Protection of Children from
Sexual Offences (POCSO) Act. He has been sentenced to undergo
simple imprisonment for three years and to pay fine of Rs.55,000/- in
default to suffer simple imprisonment for 30 days.
3. Learned counsel for the Applicant states that subsequent to the
conviction and after the victim had attained the age of majority, the
Applicant and the victim have got married and they are residing
happily at their matrimonial home. By order dated 22/10/2021, this
Court had directed the learned APP to verify the authenticity of the
marriage certificate and confirm the statement made by the Applicant.
Learned APP has placed on record the report stating that the marriage
certificate is genuine. It is further stated that the Applicant and the
victim are married. Mrs. Megha Bajoria, learned counsel appointed to
represent the Respondent No.2 upon interaction with the Respondent
No.2 who is present before the Court, confirms that the Applicant and
the victim were friendly with each other and that the victim after
P.H. Jayani 22 APEALST.15894.2021.doc
having attained the age of majority, has married the Applicant.
4. Considering the above facts and circumstances, the Interim
Application is allowed on following terms and conditions :-
(a) Execution of substantive sentence imposed against the
Applicant by judgment dated 29/11/2018 in POCSO Special
Case No.1165/2013, is suspended pending hearing of the
Appeal ;
(b) The Applicant be released on provisional cash bail in
the sum of Rs.10,000/- for a period of four weeks ;
(c) The Applicant shall within the said period of four
weeks, furnish P.R. Bonds in the sum of Rs.10,000/- with one
or two solvent sureties in the like amount to the satisfaction of
the Trial Court ;
(d) 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 22 APEALST.15894.2021.doc
(e) 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 ;
(f) 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. Parties to act on an authenticated copy of this order.
6. Considering that the Appellant and the victim are now married,
Appeal be listed on final hearing board in the week commencing from
22/11/2021.
PREETI
JAYANI (SMT. ANUJA PRABHUDESSAI, J.)
Digitally signed by
PREETI H JAYANI
Date: 2021.10.27
20:21:00 +0530
