Shaikh Aamad Shaikh Kalu vs State Of Mah. Thr. Ps Borakhedi ...
2022 Latest Caselaw 8400 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.
                           CRIMINAL APPLICATION NO. 588 OF 2022
                                            IN
                              CRIMINAL APPEAL NO.464 OF 2022

                                            Shaikh Aamad Shaikh Kalu
                                                       -Vs-
                                              State of Maharashtra.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.Amit Prasad, counsel for the applicant.
                                       Mr.M.J.Khan, A.P.P for respondent state



                                                                     CORAM : G.A.SANAP, J.

                                                                     DATE            : 25.08.2022.

                                  1.              Heard.

2. This is an application for suspension of substantive sentences awarded by the learned Special Judge, Malkapur vide judgment and order dated 09.06.2012. The appellant has been convicted for the offences punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012(for short POCSO) and under Section 354-A and 354-D of the Indian Penal Code. The maximum sentence awarded is of three years under Section 8 of the POCSO Act.

3. It is stated that during the pendency of the trial, the appellant was on bail. It is submitted that on the date of the judgment and order, on the Kavita 29-appa 588-22.odt

application of the appellant, the learned trial Judge, has suspended the substantive sentences.

4. It is seen on perusal of the record that the said suspension was till the filing of the appeal. Therefore, this Court vide order dated 23.07.2021 directed the appellant to surrender before the trial Court. The learned Advocate submits that on 02.08.2022, the appellant has surrendered and now, he has been lodged in jail. The learned Advocate further submits that the fine amount has been deposited by the appellant. It is submitted that the appellant has his good case on merits. It is also submitted that the detention of the appellant may not be warranted. It is further submitted that the hearing of the appeal on merits would take it's own time. It is therefore prayed that during the pendency of the appeal, the substantive term sentences may be suspended and he may be ordered to be released on bail.

5. The learned APP opposed the application. Learned APP submitted that considering the seriousness and gravity of the crime, the prayer made by the appellant may not be granted.

6. The maximum sentence awarded under Section 8 of the POCSO Act by the learned trial judge is of three years. The appellant was on bail during the

Kavita 29-appa 588-22.odt

trial. There is no grievance that during the pendency of the trial, the appellant misused the liberty. It is further apparent on the face of the record that the learned trial judge was inclined to suspend the sentence considering the quantum of the substantive sentence.

7. In the facts and circumstances, I am of the opinion that the application deserves to be allowed. The application is accordingly allowed. The substantive sentences awarded on different counts, shall remain suspended during the pendency of the appeal. The appellant shall be released on his furnishing PR bond in a sum of Rs.25,000/- and one solvent surety in the like amount before the Court below.

JUDGE

Signed By:KAVITA PRAVIN TAYADE P. A.

Signing Date:25.08.2022 18:42

Kavita