Shankar Sadashiv @ Tatya Kharat ... vs State Of Maharashtra And Anr
2022 Latest Caselaw 8175 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 2743 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 831 OF 2022

                     Shankar Sadashiv @ Tatya Kharat (Pujari)            ..Applicant.
                           Versus
                     State of Maharashtra & Anr.                         ..Respondents

                                                 __________
                     Mr. Jaydeep D. Mane for Applicant.
                     Smt. J. s. Lohokare, APP for State/Respondent No.1.
                                                 __________

                                              CORAM : SARANG V. KOTWAL, J.

DATE : 22nd AUGUST 2022 PC :

1. This is an application for applicant's release on bail

during pendency and final disposal of Criminal Appeal No.831 of

2022.

2. The Applicant was convicted for commission of offence

punishable U/s.363 of IPC and was sentenced to suffer R.I. for 2

years and to pay a fine of Rs.5000/- and in default of payment of

file to suffer S.I. for 3 months; by learned Additional Sessions

Judge, (Special POCSO) vide Judgment and order dated

Digitally 22/07/2022. The applicant was acquitted from the Charges of signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date:

Gokhale 2022.08.23 11:18:07 +0530 2 of 2 12-ia-2743-22

commission of offence punishable U/s.366A, 376(2)(i), (n) of IPC

and from the offence punishable U/s.4 of POCSO.

3. Learned counsel for the Applicant states that, after his

conviction the applicant is granted temporary bail under the

provision of Section 389(3) of Cr.p.c. by the learned trial Judge.

4. Considering this submission, issue notice to the

Respondent No.2, returnable on 26/09/2022. In addition, the I.O.

shall inform the Respondent No.2 about pendency of this

application, the Appeal and the next date of listing. He shall make

a statement to that effect on the next occasion.

5. In the meantime, the order granting temporary bail

U/s.389 of Cr.p.c. passed by learned trial Judge, after applicant's

conviction; as submitted by learned counsel for the applicant, to

continue till the next date.

6. Stand over to 26/09/2022.

(SARANG V. KOTWAL, J.)