Ramdas Nandlal Nikam vs The State Of Maharashtra And Anr
2021 Latest Caselaw 15467 Bom

                     Megha                               29_ia_2149_2021 in apeal_716_2021.doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

        Digitally
        signed by
                                   INTERIM APPLICATION NO.2149 OF 2021
                                                   IN
MEGHA   MEGHA S
        PARAB
S       Date:
PARAB
                                     CRIMINAL APPEAL NO.716 OF 2021
        2021.10.28
        16:46:35
        +0530




                     Ramdas Nandlal Nikam                              ...Applicant
                                    Versus
                     The State of Maharashtra and Anr.               ...Respondents
                                                      ....
                     Mr. Dhananjay D. Rananaware for the Applicant.
                     Mr. P.H. Gaikwad, APP for Respondent No.1-State.
                     Ms Farhana Shah for Respondent No.2 (appointed)

                                                 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 27th OCTOBER, 2021.

P.C.:-

Learned APP states that date of hearing has been intimated

to Respondent No.2. She has requested for an advocate from legal aid

panel. Ms Farhana Shah, learned counsel, who is on legal aid panel is

appointed to represent Respondent No.2.

2. By this application fled under Section 389 of the Code of

Criminal Procedure, 1973, the Applicant has sought suspension of

substantive sentence imposed vide judgment dated 13/08/2021 passed

by the learned Special Judge, Satara in Special (Child) Case No.76 of

2014 and for release on bail.

Megha 29_ia_2149_2021 in apeal_716_2021.doc

3. By the impugned judgment the learned Judge held the

Applicant guilty of ofences punishable under Sections 354-A of the IPC

and Sections 8 and 12 of the Protection of Children from Sexual

Ofences, Act, 2012 (POCSO). He has been sentenced to sufer rigorous

imprisonment for two years with fne of Rs.2,000/- i/d to sufer simple

imprisonment for one month for ofence under Section 354-A of the

IPC, rigorous imprisonment for four years and to pay fne of Rs.2000/- i/

d. to sufer simple imprisonment for one month for ofence under

Section 8 of the POCSO Act and rigorous imprisonment for two years

with fne of Rs.2000 i/d. to sufer simple imprisonment for one month

for ofence under Section 12 of the POCSO Act.

4. Heard Mr. Rananaware, learned counsel for the Applicant,

Mr. P.H. Gaikwad, learned APP for Respondent No.1-State and Ms

Farhana Shah for Respondent No.2. Perused the records and

considered the submissions advanced by learned counsel for the

respective parties.

5. The sentence is a short term sentence. The appeal is already

admitted. There are number of old appeals pending before this Court

and considering the present situation arising due to Covid-19 pandemic,

it will not be possible to take up this appeal for hearing in immediate

Megha 29_ia_2149_2021 in apeal_716_2021.doc

future.

6. Considering the above fact so also considering the nature of

allegations, in my considered view this is a ft case to suspend the

substantive sentence pending disposal of the appeal. Hence, the

application is allowed on following terms and conditions:-

(i) The substantive sentence imposed on the Applicant vide

judgment dated 13/08/2021 in Special (Child) Case

No.76 of 2014 is suspended pending disposal of the

appeal.

(ii) The Applicant is ordered to be released on bail on

furnishing PR bonds in the sum of Rs.20,000/- with one

or two sureties in the like amount.

(iii) The Applicant shall not interfere with the victim in any

manner.

(iv)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.

(v) 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.

(vi) If there are two consecutive defaults in appearing before

the Trial Court, the learned Judge shall make a report to

Megha 29_ia_2149_2021 in apeal_716_2021.doc

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.)