Bombay High Court
Shekhar Narad Bacchav And Anr vs The State Of Maharashtra And Anr on 28 April, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1006 OF 2022
IN
CRIMINAL APPEAL NO.301 OF 2022
Shekhar Narad Bacchav and another Applicants
versus
The State of Maharashtra and another Respondents
Mr.Rajesh S. Jadhav, Advocate for applicant.
Mr.Arfan Sait, APP, for State.
Ms.Shraddha Sawant, Advocate for respondent no.2.
CORAM : PRAKASH D. NAIK, J.
DATE : 28th April 2022
PC :
1. This is an application for suspension of sentence and grant of
bail during pendency of Criminal Appeal No.301 of 2022.
2. The applicants were convicted vide judgment and order dated
Digitally signed by
MANISH MANISH SURESH
SURESH
THATTE
THATTE
Date: 2022.04.29
16:15:34 +0530
28th February 2022 passed by learned Additional Sessions Judge and
Special Judge (POCSO), Nashik. Applicant no.1 has been convicted
for the offence u/s.8 r/w 7 of POCSO Act and sentenced to suffer
imprisonment for 3 years. He is also convicted for the offence
punishable u/s.12 r/w Section 11 of POCSO Act and Section 354D of
Indian Penal Code and sentenced to suffer imprisonment of 1 year.
The applicant no.2 has been convicted for offence u/s.323 of Indian
Penal Code and sentenced to suffer imprisonment for 1 year.
Applicant no.1 has been acquitted for offence u/s.323, 504, 506 of
Indian Penal Code and Applicant no.2 has been acquitted for the
offences under Sections 504, 506 r/w 34 of Indian Penal Code.
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3. The case of prosecution is that on 23 rd August 2015 the
accused no.1 approached the victim and caught her hand and asked
her whether she would marry him. He also threatened her that in
the event she refuses to marry him, she would be killed. Accused
no.1 left the place. The victim informed the incident to her maternal
uncle. On the same day in the evening accused no.1 again
approached victim girl and caught her hand. The accused tried her
to pull in dark. Applicant no.1 again threatened her. He also
showed her knife. The victim shouted. Accused no.1 ran away from
the spot. The victim told the incident to her family members The
brother of victim went to house of accused no.1 to enquire about the
incident. Accused no.2 assaulted him and also threatened him. The
FIR was registered on 24th August 2022.
4. The applicants were on bail during trial. There is no adverse
report on misuse of facility of bail. On the date of conviction
sentence was suspended by the Trial Court.
5. Learned counsel for applicants submitted that sentence is of
short term. Appeal may not reach for hearing within short time. The
applicants were on bail during trial.
6. Learned APP and learned advocate for respondent no.2
opposed the relief prayed in the application. It is stated that specific
role has been attributed to the applicants. Knife was recovered
during the course of investigation There is no discrepancy in the
evidence of witnesses.
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7. Maximum sentence imposed by Trial Court is of three years.
The applicants were on bail during trial. The applicant no.2 has
been convicted for the offence u/s.323 of Indian Penal Code.
Sentence of imprisonment was suspended by the Trial Court on the
date of conviction. By way of interim relief this Court had
suspended sentence by order dated 30 th March 2022. Considering
the circumstances, interim relief granted by this Court dated 30 th
March 2022 can be confirmed.
ORDER
(i) Interim Application No.1006 of 2022 is allowed and disposed
of;
(ii) Interim order dated 30th March 2022 passed by this Court is
confirmed;
(iii) Sentence of imprisonment imposed vide judgment and order
dated 28th February 2022 passed by learned Additional Sessions
Judge and Special Judge (POCSO), Nashik in Sessions Case (POCSO)
No.281 of 2016 is suspended and applicants are directed to be
released on bail on executing PR bond in the sum of Rs.20,000/-
each with one or more sureties in the like amount;
(iv) The applicants are permitted to furnish cash bail in the sum of
Rs.20,000/- each for a period of 10 weeks in lieu of sureties;
(v) The applicants shall not approach the victim and her family
members;
(vi) The applicant shall not cause any harassment to the victim and
her family in any manner;
(vii) The applicant shall attend Trial Court once in six months on
First Saturday of the month till disposal of the Criminal Appeal;
(viii) In the event there are two consecutive defaults in attending
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the Trial Court, the Trial Court shall submit report to this Court;
(ix) 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
