Hanmanta Bhimsi Dhotre vs The State Of Maharshtra
2021 Latest Caselaw 12482 Bom

                           Megha                             24_apeal_679_2021.doc

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

MEGHA
        Digitally signed
        by MEGHA S
                                         INTERIM APPLICATION NO.2055 OF 2021
                                                         IN
        PARAB
S       Date:
PARAB   2021.09.04
        18:07:02 +0530


                                           CRIMINAL APPEAL NO.679 OF 2021

                           Hanmanta Bhimsi Dhotre                          ...Applicant
                                         Versus
                           The State of Maharashtra & Ors.               ...Respondents
                                                             ....
                           Mr. Shekhar A. Ingawale for the Applicant.
                           Mr. S.V. Gavand, APP for Respondent -State.
                           Ms Ameeta Kuttikrishnan for Respondent No.2.


                                                      CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 2nd SEPTEMBER, 2021.

P.C.:-

Ms Ameeta Kuttikrishnan, learned counsel from legal aid

panel is appointed as an Advocate to represent Respondent No.2

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

Criminal Procedure, 1973, the Applicant seeks suspension of sentence

and enlargement on bail.

3. Heard learned counsel for the Applicant, learned APP for

Respondent No.1-State and learned counsel for Respondent No.2.

4. By the impugned judgment dated 06/08/2021 passed by the

learned Additional Sessions Judge, Special Court (POCSO), Kolhapur, in

Megha 24_apeal_679_2021.doc

Sessions Case No.11 of 2019, the Applicant has been convicted and

sentenced for ofences punishable under Sections 323, 354, 452 and

504 of the IPC and Section 8 of the Protection of Children from Sexual

Ofences Act, 2012 (POCSO). The only allegation against the Applicant

is that he had held the hand of the victim. The Applicant was on bail

during trial and has not misused the liberty. Moreover, the maximum

sentence of imprisonment is of three years. In view of the large

pendency of cases and the current situation arising from Covid-19

pandemic, it will not be possible to hear the appeal in immediate future.

Considering this fact as well as the nature of accusation, in my

considered view this is a ft case to suspend the substantive sentence

pending disposal of the appeal.

5. Hence, the application is allowed on the following terms and

conditions:-

(i) The substantive order of sentence imposed vide

judgment dated 06/08/2021 in Sessions Case No.11 of

2019 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.10,000/- with one

or two sureties in the like amount.

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

Megha 24_apeal_679_2021.doc

three 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 number 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.)