Dilip Jalinder Deshmukh vs The State Of Maharashtra And Anr
2021 Latest Caselaw 15471 Bom

salgaonkar                                                          3 ia 1023-21.doc

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION

                          INTERIM APPLICATION NO. 1023 OF 2021
                                           IN
                            CRIMINAL APPEAL NO. 275 OF 2021

             Dilip Jalinder Deshmukh                            ..Applicant

                         v/s.

             State of Maharashtra & Anr.                        ..Respondent

             Mr. Rishikesh Mohite for the Applicant.
             Mr. P.H.Gaikmwad, APP for the Respondent-State.
             Ms. Farhana Shah for the Respondent No.2 (Appointed)

                                     CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 27th OCTOBER, 2021.

P.C.

1. This is an application under Section 389 of Cr.P.C. for

suspension of sentence imposed by judgment dated 22.02.2021 in

Special Case (POCSO) No.609 of 2019.

2. The learned APP states that the Appeal has been admitted.

Respondent No.2 has been intimated about the date of hearing and

she has requested for Advocate from Legal Aid Panel. Ms. Farhana

Shah, Advocate from Legal Aid Panel is appointed to represent the

Respondent No.2.

3. Heard learned Counsel for the Applicant and the learned APP

for the State, and the learned Counsel for the Respondent No.2.

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 salgaonkar                                                            3 ia 1023-21.doc

4. By the impugned judgment the learned Special Judge (POCSO),

Pune has held the Applicant guilty of offences under Section 8 and 12

of the Protection of Children from Sexual offences Act, (POCSO)

2012. He has been sentenced to undergo maximum sentence of

three years with fine of Rs.10,000/- . The sentence is a short term

sentence. The appeal is of the year 2021. Considering the large

pendency of old cases and the current situation arising from COVID

19, the appeal is not likely to come up for hearing in immediate

future. Hence, rejection of the application will result in the

applicant undergoing the sentence of imprisonment even before the

appeal is heard on merits. Considering the nature of the

accusations and the evidence, in my considered view, this is a fit case

to suspend the execution of sentence pending the disposal of appeal

on merits, and release the Applicant on bail. Hence the order:-

i) Substantive sentence imposed against the Applicant by

judgment dated 22.02.2021 in Special Case (POCSO) No.609 of 2019

is suspended pending hearing of the appeal;

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

P.R. Bond in the sum of Rs.15,000/- (Rupees FifteenThousand Only)

with one or two solvent sureties in the like amount;

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Iii) The Applicant shall not contact and or interfere with the victim

and/or her family members in any manner;

iv) The applicant shall keep the Court informed of his current

address and mobile/contact numbers and/or change of residence or

mobile details, if any, from time to time.

. Application is accordingly disposed of.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2021.10.28 (ANUJA PRABHUDESSAI, J.) 11:25:40 +0530

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