Pavan Vikas Walekar vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12663 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

               INTERIM APPLICATION NO.2762 OF 2022
                               IN
                 CRIMINAL APPEAL NO.836 OF 2022

Pavan Vikas Walekar                      ..... Applicant
            Versus
The State of Maharashtra & Anr.          .... Respondents

                             -----
Mr. Mufeez Ansari, Advocate i/b. Jayendra D. Khairnar, for
the Applicant.
Mr. S.R. Agarkar, APP for the Respondent-State.
                             -----

                                   CORAM : SARANG V. KOTWAL, J.
                                   DATE : 06th DECEMBER, 2022

P.C. :

1.               Learned APP states that the respondent No.2 was

served by the police but the next date as intimated to him

was 28.9.2022.           On that date i.e. on 28.9.2022, the

respondent No.2 was not present and no arrangements were

made for representing the respondent No.2 in the case.

2.               The applicant is convicted and sentenced by the

Additional Sessions Judge, Malegaon vide his judgment and

order          dated   29.6.2022     passed   in   Sessions       Case

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Deshmane(PS)
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No.104/2014. The applicant was convicted for commission

of offence punishable under Sections 354-D and 506 of IPC

and was sentenced to suffer SI for one month besides

imposition of fine. He was acquitted from the charges under

Section 12 of the Protection of Children from Sexual

Offences Act.

3.             Heard Mr. Mufeez Ansari, learned counsel for the

applicant and Shri. S.R. Agarkar, learned APP for the State.

The respondent No.2 is served. Therefore, I have heard this

application.

4.             Learned counsel for the applicant submitted that

the sentence is short. The appeal is not likely to be decided

during that period. During trial, the appellant was on bail.

He has not misused that liberty. Even after his conviction, he

was granted bail under Section 389 of Cr.P.C. The alleged

incident is old. It had taken place on 18.5.2014. There are

no witnesses though it has taken place in an open space.

5.             Learned APP opposed this application. He,

however, conceded that the sentence is short.


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                               6.                Considering all these aspects, the applicant has

                               made out a case for his release on bail during pendency of

                               the appeal. Hence, the following order :

                                                             :: O R D E R ::

i. During pendency and final disposal of Criminal

Appeal No.836/2022, the applicant is directed to

be released on bail on his furnishing P.R. bond in

the sum of Rs.30,000/- (Rupees Thirty Thousand

Only) with one or two sureties in the like amount.

ii. Interim Application is disposed of accordingly.

Digitally signed by PRADIPKUMAR (SARANG V. KOTWAL, J.) PRADIPKUMAR PRAKASHRAO PRAKASHRAO DESHMANE DESHMANE Date:

2022.12.09 12:42:49 +0530

Deshmane (PS)

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