Mohammad @ Zaid Gulamnabi Shaikh vs State Of Maharashtra And Anr
2022 Latest Caselaw 13332 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 4313 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 1235 OF 2022

                     Mohammad @ Zaid Gulamnabi Shaikh                  ..Appellant.
                          Versus
                     The State of Maharashtra & Anr.                   ..Respondents

                                                 __________
                     Mr. Abhilash Kurey a/w. Ms. Snehal S. Kolamkar a/w. Vishal Padvi
                     a/w. Mohsin Kolamkar for Appellant.
                     Smt. M. R. Tidke, APP for State/Respondent No.1.
                                                 __________

                                             CORAM : SARANG V. KOTWAL, J.
                                             DATE : 20th DECEMBER 2022
                     PC :

                     1.           The Applicant has challenged the Judgment and order

                     dated 11/10/2022 passed by learned Special Judge under POCSO,

                     Greater Mumbai in POCSO Special Case No.214 of 2018. The

                     Applicant was convicted for commission of offences punishable

                     under sections 8 of the Protection of Children from Sexual

                     Offences Act (for short 'POCSO Act') and under sections 354 and

                     504 of the I.P.C. Major punishment imposed on him was for three

                     years, besides imposition of fine.

        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2022.12.21    Gokhale
        13:34:25
        +0530
                                      2 of 3                 02-ia-4313-22


2.          Learned counsel for the applicant submitted that age of

the victim is not properly proved. The birth certificate produced on

record shows that it was of a male child and, therefore, it could

not be the birth certificate of the victim. He further submitted that,

there are variations in the deposition and the statement U/s.164 of

the Cr.p.c. He, therefore, submitted that, he has a good case on

merits. He further submitted that the applicant was on bail during

trial and he has not misused that liberty. Even after his conviction

he was granted temporary bail U/s.389 of the Cr.p.c.


3.          In this case, it is necessary to hear the Respondent No.2.

Therefore, today I am issuing notice to the Respondent No.2,

returnable on 04/02/2023.


4.          Hence, the following order:


                              ORDER

(i) Issue notice to the Respondent No.2, returnable on

04/02/2023.

(ii) The I.O. shall intimate the Respondent No.2 about

pendency of this proceeding and the next date of 3 of 3 02-ia-4313-22

listing. He shall make a statement to that effect before

this court on the next occasion.

(iii) During pendency and final disposal of Criminal Appeal

No.1235 of 2022, till the next date, the Applicant is

directed to be released on bail on his executing P.R.

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

Thousand Only) with one or two sureties in the like

amount.

(ii) This order shall operate till 21/02/2023.

(iv)    Stand over to 21/02/2023.

                                        (SARANG V. KOTWAL, J.)