Bombay High Court
Sanjay Sudam Sonwane And Anr vs The State Of Maharashtra And Anr on 26 April, 2022
Bench: Prakash Deu Naik
8-IA-7-2022-in-APEAL-1-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7 OF 2022
IN
CRIMINAL APPEAL NO. 1 OF 2022
1. Sanjay Sudam Sonwane
2. Sachin Sudam Sonwane ...Applicants/Appellants
Versus
The State Of Maharashtra And Anr. ...Respondents
....
Mr. Vishwanath S. Talkute, Advocate for the Applicants/Appellants.
Mr. Yashpal Thakur, Advocate for Respondent No.2.
Mr. S. V. Gavand, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 26th APRIL, 2022.
PER COURT:
1. This is an application for suspension of sentence and
grant of bail during the pendency of Criminal Appeal No.1 of 2022
preferred by the applicants challenging the judgment and order
dated 15th February, 2020 passed by learned Special Judge, Pune
under Protection of Children from Sexual Offences Act, 2012 (for
short 'POCSO Act').
2. The applicant No.1 is convicted for offences
punishable under Sections 354-A r/w Section 34 of Indian Penal
Code (for short "IPC") and sentenced to undergo rigorous
imprisonment for one year and fine of Rs.1,000/-. He is also
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT
JAMADAR
LIYAKAT Date: Sajakali Jamadar 1 of 4
JAMADAR 2022.04.28
13:15:33
+0530
8-IA-7-2022-in-APEAL-1-2022.doc
convicted for offence punishable under Section 504 of IPC and
sentenced to undergo imprisonment of six months and pay fine of
Rs.500/-. The applicant No.2 is convicted for offence punishable
under Section 354-A of IPC as well as offence punishable under
Section 8 of POCSO Act. He has been sentenced to undergo
rigorous imprisonment of three years.
3. The sentence of imprisonment was suspended by the
trial Court on the date of conviction for stipulated period in
accordance with Section 389 of Code of Criminal Procedure. Since
the time stipulated while suspending the sentence is over, the
learned counsel for the applicants on instructions has submitted
that the applicants have surrendered before the trial Court on 25 th
April, 2022. The statement is accepted.
4. The sentence is of short term. The applicants were on
bail during the trial. There is no adverse report about misuse of
facility of bail. The sentence was suspended on the date of
conviction. The applicants have surrendered before the trial Court.
The learned counsel for applicants have urged that there are
discrepancies in evidence. Considering these circumstances, the
relief as prayed in this application can be granted.
5. Hence, I pass the following order:
Sajakali Jamadar 2 of 4
8-IA-7-2022-in-APEAL-1-2022.doc
ORDER
i. Interim Application No. 7 of 2022 is allowed;
ii. During the pendency of Criminal Appeal No.1 of 2022,
the sentence of imprisonment imposed vide Judgment and
order dated 15th February, 2020 passed by learned Special
Judge, Pune under POCSO Act in Special Sessions Case
No.105 of 2014 is suspended and the applicants are directed
to be released on bail on executing P.R. Bond in the sum of
Rs.20,000/- each with one or more sureties in the like
amount;
iii. The applicants are permitted to furnish cash bail in the
sum of Rs.20,000/- each for a period of eight weeks in lieu of
surety.
iv. The applicants shall attend the trial Court once in six
months on first Saturday of the month till the final disposal of
the appeal;
v. In the event, there are 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
will be at liberty to prefer an application for cancellation of
bail.
Sajakali Jamadar 3 of 4
8-IA-7-2022-in-APEAL-1-2022.doc
vi. The applicants shall not cause any harassment to the
victim and her family members.
vii. This order is subject to the fact that the applicants
have surrendered before the trial Court.
viii. Interim Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 4 of 4
