Deepak Bhikuram Salavi vs The State Of Maharashtra And Anr
2022 Latest Caselaw 3616 Bom

                                                                1 of 3                31.IA.1477.2019.doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                               INTERIM APPLICATION NO.1477 OF 2019
                                                               IN
                                                 CRIMINAL APPEAL NO.1643 OF 2019

                               Deepak Bhikuram Salavi                                  Applicant
                                     versus
                               The State of Maharashtra                                Respondent

                               Mr.Prashant C. Mohite i/by Ms.Vaishali G. Mane, Advocate for
                               applicant.
                               Ms.S.V.Sonawane, APP, for State.

                                                        CORAM :      PRAKASH D. NAIK, J.

                                                        DATE    :    4th April 2022
                               PC :

                               1.     This is an application for suspension of sentence and grant of
                               bail during pendency of Criminal Appeal No.1643 of 2019.


                               2.     The applicant has been convicted vide judgment and order
                               dated 5th October 2019 passed by learned Special Judge under
                               POCSO Act, Greater Mumbai in POCSO Special Case No.223 of 2015
                               for offence under Section 354 of Indian Penal Code and sentenced to
                               suffer rigorous imprisonment for one year. He is also convicted for
                               the offence u/s. 509 of IPC and sentenced to suffer rigorous
                               imprisonment for one year.       Both the sentenced were to run
                               concurrently.


MANISH   Digitally signed by
         MANISH SURESH
                               3.     The sentence of imprisonment was suspended by Trial Court
SURESH   THATTE
         Date: 2022.04.04
THATTE
                               on 5th October 2019 in accordance with Section 389 of Cr.P.C for a
         15:12:03 +0530




                               stipulated period.
                                    2 of 3                    31.IA.1477.2019.doc


4.      The impugned judgment and order was challenged before this
Court by preferring appeal which has been admitted.


5.      Learned counsel for applicant, on instructions, submit that
applicant had surrendered before Trial Court today and he has been
taken in custody. Considering the fact that applicant was on bail
during trial and sentence of imprisonment is of short term, the
applicant may be released on bail by suspending sentence of
imprisonment and grant of bail. The applicant has good case on
merits.


6.      Learned APP submitted that applicant has been convicted on
the basis of evidence adduced before Trial Court.


7.      Considering the factual aspects as stated above this application
can be allowed.


                                 ORDER

(i) Interim Application is allowed and disposed of;

(ii) The sentence of imprisonment imposed by judgment and order dated 5th October 2019 passed by learned Special Judge under POCSO Act, Greater Mumbai in POCSO Special Case No.223 of 2015 is suspended and applicant is directed to be released on bail on executing PR bond in the sum of Rs.15,000/- with one or more sureties in the like amount;

(iii) The applicant is permitted to furnish cash bail in the sum of Rs.15,000/- for a period of ten weeks in lieu of sureties;

(iv) The applicant shall not approach the victim and harass her;

(v)     The applicant shall attend Trial Court once in six months on
                                   3 of 3                   31.IA.1477.2019.doc

First Saturday of the month till disposal of the Criminal Appeal;

(vi) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court;

(vii) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST