Bombay High Court
Vijay Devram More vs The State Of Maharashtra And Anr on 15 September, 2021
Bench: Anuja Prabhudessai
Megha 33_IA_1238_2021 in apeal_356_2021.doc
8IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
INTERIM APPLICATION NO.1238 OF 2021
signed by
MEGHA MEGHA S
PARAB
S Date:
PARAB 2021.09.17
11:05:34
+0530
IN
CRIMINAL APPEAL NO.356 OF 2021
Vijay Devram More ...Applicant
Versus
The State of Maharashtra ...Respondent
....
Mr. Topan Thatte with Mr. Vijaykumar Dighe and Mr. Amar Patil for the
Applicant.
Mr. P.H. Gaikwad, APP for the Respondent-State.
Mrs. Farhana Shah for Respondent No.2.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 15th SEPTEMBER, 2021.
P.C.:-
This is an application under Section 389 of the Code of
Criminal Procedure, 1973 fled by the aforesaid Applicant for
suspension of substantive sentence imposed by judgment dated
10/03/2021 passed by the learned Extra Joint Additional Sessions
Judge, Pune, in Special Case (POCSO) No.132 of 2018 and to enlarge
him on bail.
2. The Applicant has been held guilty of ofences punishable
under Section 354-C of the IPC and Section 12 of the Protection of
Children from Sexual Ofences Act, 2012 (POCSO). He has been
Megha 33_IA_1238_2021 in apeal_356_2021.doc
sentenced to undergo rigorous imprisonment for one year and to pay
fne of Rs.5,000/- i/d to sufer rigorous imprisonment for three months.
3. The appeal has been admitted. Maximum sentence imposed
is of one year. Considering the large pendency as well as the present
situation arising from Covid-19 pandemic, hearing and disposal of the
appeal will take considerable time. Hence, the application is allowed on
the following terms and conditions:-
(i) The substantive sentence imposed vide judgment
dated 10/03/2021 in Special Case (POCSO) No.132 of
2018 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
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
Megha 33_IA_1238_2021 in apeal_356_2021.doc
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.
4. The application stands disposed of.
(SMT. ANUJA PRABHUDESSAI, J.)
