Bombay High Court
Altaf Jahagir Malik 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 APKPLICATION NO.689 OF 2022
AND
INTERIM APPLICATION NO.691 OF 2022
IN
CRIMINAL APPEAL NO.203 OF 2022
Altaf Jahagir Malik Applicant
versus
The State of Maharashtra and another Respondents
Ms.Nazneen Khatri, Advocate for applicant.
Ms.Bneerta H. Bajwa, Advocate for respondent no.2.
Mr.Arfan Sait, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 28th April 2022
PC :
1. Interim Application No.691 of 2022 is not on board. It is taken
on board and heard with Interim Application No.689 of 2022.
MANISH
SURESH
Digitally signed by
MANISH SURESH
THATTE
2. The applicant in both these applications is seeking suspension
Date: 2022.04.29
THATTE 16:15:30 +0530
of sentence and grant of bail during pendency of Criminal Appeal
No.203 of 2022.
3. The applicant has been convicted vide judgment and order
dated 12th January 2022 by Special Judge under POCSO Act, Greater
Bombay, in POCSO Special Case No.330 of 2019 for the offence
under Section 7 r/w 8 of Protection of Children from Sexual Offences
Act, 2012 (`POCSO Act') and directed to undergo imprisonment of 3
years with fine of Rs.25,000/-. He is also convicted for the offence
u/s.354 of Indian Penal Code and sentenced to undergo
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imprisonment for 1 year with fine of Rs.5,000/-. Both the sentences
were directed to run concurrently.
4. The case of prosecution is that the first informant is the cousin
of the victim. The victim was aged about 17 years at the time of
incident. On 26th March 2019 the informant and victim left their
residence as the victim wanted to prepare an affidavit for school
purpose. When both of them were at back side of Sewree Court, the
accused came there on scooter and touched victim inappropriately.
When he was questioned about same by the first informant he
abused them and quarrel with them. The police reached the spot.
The FIR was registered under Section 354 of Indian Penal Code and
Section 12 of POCSO Act. The accused was arrested. On completing
investigation charge sheet was filed.
5. Learned advocate for applicant submitted that applicant has
been falsely implicated in this case on account of enmity. Offences
are not made out. The applicant was on bail during bail. He has not
misused the facility of bail. The sentence of imprisonment was
suspended on the date of imprisonment. Sentence of imprisonment
is of short term. The appeal may not reach for hearing immediately.
The sentence has been suspended by way of interim relief by order
dated 16th March 2022.
6. Learned APP submitted that presence of accused at the scene
of offence has been established. The victim and the first informant
proved that accused has committed the offence.
7. Learned advocate for respondent no.2 submitted that accused
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was not known to the informant or the victim. The defense of
enmity has not been established. In the cross-examination itself the
accused has given suggestion which supports the prosecution case.
8. The case of prosecution is that the first informant and the
victim had visited the Court for preparing affidavit. It is alleged that
the accused had touched the shoulder of victim and she got scared.
The appeal is already admitted. The maximum sentence imposed by
the Trial Court is of three years. The applicant was on bail during
trial. There is no adverse report of misuse of facility of bail. The
appeal may not come up for hearing within short span of time. By
way of interim relief vide order dated 16 th March 2020 the sentence
was suspended by this Court. Hence, I pass following order :
ORDER
(i) Interim Application No.689 of 2022 and 691 of 2022 are
allowed and disposed of;
(ii) Interim order dated 16th March 2022 passed by this Court is
confirmed;
(iii) Sentence of imprisonment imposed vide judgment and order
dated 12th January 2022 by Special Judge under POCSO Act, Greater
Bombay, in POCSO Special Case No.330 of 2019 is suspended and
applicant is directed to be released on bail on executing PR bond in
the sum of Rs.15,000/- with one or more sureties in the like amount;
(iv) The applicant is permitted to furnish cash bail in the sum of
Rs.15,000/- for ten weeks in lieu of sureties;
(v) The applicant shall not approach the victim or her relatives;
(vi) The applicant shall not cause harassment to victim in any
manner;
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(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
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
