Shashikant Alias Sachin Deepak ... vs State Of Maharashtra And Anr
2022 Latest Caselaw 13186 Bom

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO.4333 OF 2022
                                                              IN
                                                CRIMINAL APPEAL NO.1241 OF 2022

                               Shashikant @ Sachin Deepak Bagul                  ..... Applicant
                                           Versus
                               The State of Maharashtra & Anr.                   .... Respondents

                                                            -----
                               Mr. Nikhil G. Hire, Advocate for the Appellant.
                               Ms. M.R. Tidke, APP for the Respondent No.1-State.

                                                                 CORAM : SARANG V. KOTWAL, J.
                                                                 DATE : 19th DECEMBER, 2022

                               P.C. :

                               1.               This is an application for bail pending final

            Digitally signed
                               disposal of the applicant's appeal challenging the judgment
            by
            PRADIPKUMAR
PRADIPKUMAR PRAKASHRAO
PRAKASHRAO DESHMANE


                               and order dated 14.11.2022 passed by the Additional
DESHMANE    Date:
            2022.12.21
            10:51:01
            +0530




                               Sessions Judge, Malegaon in Sessions Case No.124/2015.

                               The applicant was convicted for commission of the offences

                               punishable under Section 354-D(i) of IPC and under Section

                               12 of the Protection of Children From Sexual Offences Act,

                               2012 (for short, 'POCSO Act').           The maximum sentence

                               imposed on him was for three months besides imposition of

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                               Deshmane(PS)
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fine.

2.          Heard Shri Nikhil Hire, learned counsel for the

appellant and Smt. M.R. Tidke, learned APP for the

Respondent No.1-State.

3.          Learned counsel for the applicant submitted that

the applicant was arrested merely on the basis of suspicion.

The applicant had not tried to contact the victim. Therefore,

the ingredients of Section 354-D(i) of IPC are not made out.

He submitted that the birth certificate of the victim is not

proved as the person issuing the birth-certificate had no

authority. Therefore, the conviction under the POCSO Act is

not sustainable.

4.          He further submitted that the applicant was on

bail and has not misused that liberty. Even after conviction,

he was granted bail for a temporary period under Section

389 of Cr.P.C..

5.          Learned APP opposed this application, but, she

conceded that the sentence is short.

6.          Considering these submissions, the points raised


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by learned counsel for the applicant can be decided at the

final hearing stage of his appeal. The sentence is short. The

appeal is not likely to be decided within that period.

Therefore, he can be granted bail during pendency of his

appeal.

7.                Hence, the following order :

                              :: O R D E R ::

i. During pendency and final disposal of Criminal

Appeal No.1241/2022, 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. The applicant shall not harass the victim directly or

indirectly.

iii. Interim Application is disposed of accordingly.

(SARANG V. KOTWAL, J.)

Deshmane (PS)

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