Bhavesh Amrutlal Varu vs The State Of Maharashtra And Anr
2021 Latest Caselaw 12477 Bom

                           Megha                             26_IA_1038_2021 in apeal_278_2021.doc

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

MEGHA
S
        Digitally signed
        by MEGHA S
        PARAB
        Date:
                                         INTERIM APPLICATION NO.1038 OF 2021
                                                         IN
        2021.09.03
PARAB   10:34:48
        +0530




                                           CRIMINAL APPEAL NO.278 OF 2021

                           Bhavesh Amrutlal Varu                           ...Applicant
                                         Versus
                           The State of Maharashtra & Anr.               ...Respondents
                                                            ....
                           Mr. Manas Gawankar for the Applicant.
                           Mr. P.H. Gaikwad, APP for Respondent No.1-State.
                           Ms Amita Kuttikrishnan for Respondent No.2.


                                                      CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 2nd SEPTEMBER, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive order of

sentence imposed by judgment dated 08/02/2021 passed by learned

Extra Joint District Judge and Additional Sessions Judge, Ratnagiri, in

Special Sessions Case No.16 of 2019 and to enlarge the Applicant on

bail.

2. By the impugned judgment the Applicant has been held

guilty of ofence punishable under Section 10 of the Protection of

Children from Sexual Ofences Act, 2012 (POCSO) and sentenced him to

Megha 26_IA_1038_2021 in apeal_278_2021.doc

sufer rigorous imprisonment for 5 years and to pay fne of Rs.5000/-

i/d. to sufer simple imprisonment for six months. The Applicant has

challenged his conviction and sentence in appeal under Section 374 of

the Cr.P.C. and sought suspension of sentence pending hearing of the

Appeal.

3. Perused the records and considered the submissions

advanced by Mr. Manas Gawankar, learned counsel for the Applicant,

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

Kuttikrishnan, learned counsel for Respondent No.2.

4. The maximum sentence imposed against the Applicant is of

5 years. There are several old matters pending before the Court.

Moreover, considering the present situation arising due to Covid-19

pandemic, it will not be possible to take up the appeal for fnal hearing

in immediate future. The sentence imposed is a short term

imprisonment. Considering the said fact and also considering the

nature of accusations, in my considered view this is a ft case to suspend

the substantive order of sentence pending disposal of the appeal.

Hence, the application is allowed on following terms and conditions:-

(i) The substantive order of sentence imposed vide

judgment dated 08/02/2021 in Special Sessions Case

Megha 26_IA_1038_2021 in apeal_278_2021.doc

No.16 of 2019 is suspended pending disposal of the

appeal.

(ii) The Applicant be released on provisional cash bail in the

sum of Rs.10,000/- for a period of four weeks;

(iii) The Applicant shall within the said period of four weeks,

furnish PR bonds in the sum of Rs.10,000/- with one or

two sureties in the like amount;

(iv) The Applicant shall report to the Trial Court, once in six

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 numbers 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 the High Court and the prosecution would be

at liberty to fle an application seeking cancellation of

bail.

5. The application stands disposed of in above terms.

(SMT. ANUJA PRABHUDESSAI, J.)