Bombay High Court
Sanjay Radhakisan Wavhal vs The State Of Maharashtra And Anr on 2 September, 2021
Bench: Anuja Prabhudessai
Megha 10_IA_1240_2021 in apeal_359_2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
MEGHA
Digitally signed
by MEGHA S
PARAB
INTERIM APPLICATION NO.1240 OF 2021
S
PARAB
Date:
2021.09.04
12:20:14 +0530 IN
CRIMINAL APPEAL NO.359 OF 2021
WITH
CRIMINAL APPEAL NO.359 OF 2021
Sanjay Radhakisan Wavhal ...Applicant
Versus
The State of Maharashtra ...Respondent
....
Mr. Atul R. Patil for the Applicant.
Mr. P.H. Gaikwad, APP for Respondent No.1-State.
Mrs. Savita Yadav, for Respondent No.2.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 2nd SEPTEMBER, 2021.
P.C.:-
Learned APP has placed on record a report indicating that
Respondent No.2 has been duly served. It is stated that she is unable to
engage an Advocate and has requested to appoint an Advocate from
legal aid panel. Mrs. Savita Yadav, learned counsel from the legal aid
panel is appointed as an Advocate to represent Respondent No.2.
2. Heard learned counsel for the Applicant, learned APP for
Respondent No.1 and learned counsel for Respondent No.2.
Megha 10_IA_1240_2021 in apeal_359_2021.doc
3. By this application, the Applicant has sought suspension of
substantive sentence imposed vide judgment dated 03/03/2021 passed
by the learned Extra Jt. Additional Sessions Judge, Pune, in Spl. Case
(POCSO) No.458 of 2018 and enlargement on bail.
4. By the impugned judgment dated 03/03/2021 the Applicant
has been convicted for ofence punishable under Section 8 of
Protection of Children from Sexual Ofences Act, 2012 (POCSO) and
Section 354 of the IPC and is sentenced to sufer rigorous imprisonment
for three years and to pay a fne of Rs.10,000/- i/d. to sufer rigorous
imprisonment for one year. Being aggrieved by this, the Applicant has
preferred an appeal.
5. The appeal is already admit. The sentence is a short term
sentence. There are several old matters pending. Considering the
present situation arising due to Covid-19 pandemic, the appeal is not
likely to come up for hearing in the near future. Considering this fact as
well as the nature of accusations, in my considered view this is a ft to
suspend the substantive sentence pending disposal of the appeal.
Hence, the application is allowed on following terms and conditions:-
(i) The substantive of sentence imposed vide judgment
Megha 10_IA_1240_2021 in apeal_359_2021.doc
dated 03/03/2021 passed by the learned Extra Jt.
Additional Sessions Judge, Pune, in Spl. Case (POCSO)
No.458 of 2018 is suspended pending disposal of the
appeal.
(ii) The Applicant be released on bail on furnishing PR bonds
of Rs.10,000/- with one or two sureties in the like
amount.
(iii) 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.
(iv) 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.
(v) 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.
6. The application stands disposed of.
(SMT. ANUJA PRABHUDESSAI, J.)
