Ashok Gopalrao Kalvankar vs The State Of Maharashtra And Anr
2022 Latest Caselaw 4061 Bom

                      rpa                             1/2                  7 ia 911 2022.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                    INTERIM APPLICATION NO.911 OF 2022
                                                   IN
                                      CRIMINAL APPEAL NO.38 OF 2022

                      Ashok Gopalrao Kalvankar                   .. Applicant/Appellant
                            Versus
                      State of Maharashtra and Anr.              .. Respondents

                                                       ......
                      Mr.Chetan Alai, Advocate for the Applicant/Appellant.
                      Mr.S.V. Gavand, APP for the Respondent - State.
                                                       ......
                                                     CORAM :     PRAKASH D. NAIK, J.

                                                      DATED :    APRIL 18, 2022.

                      P.C. :

Issue notice to respondent no.2, returnable on 20th June,

2022.

Digitally signed by RAJESHRI 2 Spare copy be supplied in the Registry for issuing notice RAJESHRI PRAKASH PRAKASH AHER AHER Date:

2022.04.20 12:05:32 to respondent no.2. +0530

3 Intimation about hearing of this Appeal be given to

respondent no.2, through concerned police station.

4 The applicant is seeking suspension of sentence and

grant of bail during the pendency of Appeal. He is convicted for the

offence under Section 7 of POCSO Act, and, sentenced to suffer

imprisonment of three years and fne of Rs.50,000/-. He is also rpa 2/2 7 ia 911 2022.doc

convicted for the offence under Sections 354 and 351(A)(1)(i) of IPC,

but, no separate sentence has been awarded. The applicant was on bail

during the trial. The sentence of imprisonment was suspended by the

trial Court initially for the period of 7 days, and, thereafter, for a

period of 10 days with directions to deposit the fne amount.

3 Learned advocate for the applicant submits that the

applicant is aged about 74 years. On account of fnancial constrains,

could not deposited the fne amount.

4 Considering the age of the applicant and the other

aspects, by way of interim relief, the substantive sentence of

imprisonment can be suspended, till the next date of hearing.

5 The sentence of imprisonment imposed by judgment and

order dated 10th December, 2021, passed by the Special Judge under

POCSO Act in POCSO Special case No.401 of 2017, is presently

suspended on the same terms as imposed by the trial Court, till the

next date, on executing P.R. Bond in the sum of Rs.15,000/-, with one

or more sureties in the like amount.

6 Applicant/appellant is permitted to furnish cash bail

security of Rs.15,000/-, till the next date of hearing, in lieu of surety.

(PRAKASH D. NAIK, J.)