Chetan Raosaheb Nandanikar vs The State Of Maharashtra
2022 Latest Caselaw 4064 Bom

                      rpa                           1/3                   5 ia 1222 2022.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                   INTERIM APPLICATION NO.1222 OF 2022
                                                   IN
                                     CRIMINAL APPEAL NO.382 OF 2022


                      Chetan Raosaheb Nandanikar                 .. Applicant/Appellant
                            Versus
                      State of Maharashtra                       .. Respondent

                                                       ......
                      Mr.Dhuru Balan i/b.       Ms.Tanvi G.    Tapkir,   Advocate     for      the
                      Applicant/Appellant.

                      Mr.Arfan Sait, APP for the Respondent - State.
                                                       ......
                                                     CORAM :     PRAKASH D. NAIK, J.

                                                     DATED :     APRIL 18, 2022.

                      P.C. :

                                  This is an application for suspension of sentence and
         Digitally
         signed by
         RAJESHRI
                      grant of bail during the pendency of Criminal Appeal challenging
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2022.04.20
         12:05:33
                      judgment of conviction.
         +0530




                      2           Applicant is convicted for the offence punishable under

                      Sections 354-A (1)(i), 354-A (1)(iv) and 354-D (1)(i) of Indian Penal

                      Code ("IPC", for short) and sentenced to suffer imprisonment of two

                      years six months and two years, respectively, on each count, vide

                      judgment and order dated 4th February, 2022, passed by Extra Joint

                      District Judge and Additional Sessions Judge, Sangli.
 rpa                                2/3                     5 ia 1222 2022.doc


3               The applicant was on bail during the trial. The sentence of

imprisonment has been suspended by the trial Court on the day of

conviction in accordance with Section 389 of Cr.P.C. Fine amount has

been deposited before the trial Court. The sentence is of short term.

The Appeal may not reach for hearing immediately. Considering the

circumstances, the substantive sentence of imprisonment can                     be

suspended.


4               Hence, I pass the following order:


                                 :: O R D E R ::

(i) Interim Application No.1222 of 2022, is allowed;

(ii) During the pendency of Criminal Appeal No.382 of 2022,

substantive sentence imposed vide judgment and order

dated 4th February, 2022, passed by Extra Joint District

Judge and Additional Sessions Judge, Sangli, in Special

Case (POCSO) No.128 of 2014, is suspended and the

applicant is directed to be released on bail on executing P.R.

Bond in the sum of Rs.15,000/-, with one or more sureties

in the like amount;

(iii) Applicant/appellant is permitted to furnish cash bail

security of Rs.25,000/-, for a period of eight weeks, in lieu of

surety;

rpa 3/3 5 ia 1222 2022.doc

(iv) Applicant/appellant shall attend the trial Court once in six

months on frst Saturday of the month, till disposal of

Appeal;

(v) In the event of two consecutive defaults in attending the

trial Court, the said fact may be brought to the notice of this

Court, and, in such eventuality, the prosecution is at liberty

to move an application for cancellation of bail;

(vi) The applicant shall not cause any harassment to the victim;

(vii) Interim Application No.1222 of 2022, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)