Mohsin Allauddin Chougule vs The State Of Maharashtra And Ors
2022 Latest Caselaw 4238 Bom

                                                                                21. IA-1169-2022-in-APEAL-366-2022.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO. 1169 OF 2022
                                                                  IN
                                                   CRIMINAL APPEAL NO. 366 OF 2022

                              Mohsin Allauddin Chougule                           ...Applicant/Appellant
                                    Versus
                              The State Of Maharashtra And Ors.                  ...Respondents
                                                              ....
                              Mr. Vikas Kolekar, Advocate for the Appellant.
                              Mr. A.R. Kapadnis, APP for the Respondent - State.

                                                       CORAM       :        PRAKASH D. NAIK, J.
                                                       DATE        :        21st APRIL, 2022.

                              PER COURT:

                              1.                 Issue notice to respondent Nos.2 & 3, returnable on

                              21st June, 2022.

                              2.                 Spare copy be supplied in registry for issuing notice to

                              respondent Nos.2 & 3.

                              3.                 Intimation about the hearing of this application be

                              given to respondent Nos.2 & 3 through concerned Police Station.

                              4.                 The applicant is convicted for offence under Section 7

                              punishable under Section 8 of Protection of Children from Sexual

                              Offences Act, 2012 (for short 'POCSO Act') and sentenced to

                              undergo imprisonment of three years.              He is also convicted for

                              offence under Section 354 of Indian Penal Code and Section 91 of
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                                                     21. IA-1169-2022-in-APEAL-366-2022.doc




the Rights of Persons with Disability Act and sentenced to suffer

imprisonment of 3 years and 1 year respectively on each count.

5.                 The applicant was on bail during the trial.                      The

sentence of imprisonment has been suspended by the trial Court on

the date of conviction for temporary period.

6.                 In view of the factual aspects and considering the

sentence is of short term, by way of interim relief, the sentence can

be suspended.

                                    ORDER

i. During the pendency of Criminal Appeal No.366 of 2022, the sentence of imprisonment imposed vide Judgment and order dated 22nd February, 2022 passed by learned Special Judge under POCSO Act, Sessions Court, Greater Mumbai in Special Case No.468 of 2017 is suspended till the next date of hearing and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

ii. This interim protection shall be in operation till the next date.

          iii.     Stand over to 21st June, 2022.



                                            (PRAKASH D. NAIK, J.)




Sajakali Jamadar                       2 of 2