Ganesh Vitthal Khalse vs State Of Maharashtra And Anr
2022 Latest Caselaw 1328 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.343 OF 2022
                                                            IN
                                          CRIMINAL APPEAL (STAMP) NO.810 OF 2022

                               Ganesh Vitthal Khalse                                     Applicant
                                     versus
                               The State of Maharashtra and another                      Respondents

                               Mr.Satyavrat Joshi i/by Mr.Samay S. Pawar, Advocate for applicant-
                               Appellant.

                               Mr.Arfan Sait, APP, for State.

                                                         CORAM :     PRAKASH D. NAIK, J.

                                                         DATE    :   8th February 2022
                               PC :


                               1.     Leave to amend the name of guardian of respondent no.2 (PW-
                               2) be mentioned in the cause title of application.


                               2.     This is an application for suspension of sentence and grant of
                               bail during pendency of Criminal Appeal (Stamp) No.810 of 2022.
                               The applicant has been convicted vide judgment and order dated 13 th
                               October 2021 for the offence under Section 354 of IPC and
                               sentenced to suffer rigorous imprisonment of two years and fine of
                               Rs10,000/-.


                               3.     The applicant was on bail during trial.       The sentence of
                               imprisonment was suspended on the date of conviction to enable the

MANISH   Digitally signed by
         MANISH SURESH
                               applicant to prefer an appeal before High Court. Considering the
SURESH   THATTE
         Date: 2022.02.10


                               fact that sentence is of short term i.e. two years and since the
THATTE   10:23:22 +0530
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applicant was on bail during trial, the sentence of imprisonment can
be suspended. Hence, I pass following order :


                                ORDER

(i) Interim Application No.343 of 2022 is allowed and disposed of;

(ii) During pendency of Criminal Appeal (Stamp) No.810 of 2022, the sentence of imprisonment imposed vide judgment and order dated 13th October 2021 passed by Additional Sessions Judge, Pune in Special Case (POCSO) No.312 of 2017, is suspended and the applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

(iii) The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks in lieu of sureties;

(iv) The applicant shall report Trial Court once in six months on every first Saturday during pendency of appeal;

(v) In the event of two consecutive defaults in attending Trial Court, the Trial Court shall submit report to this Court;

(vi) In the event of applicant committing default in attending Trial Court, the prosecution will be at liberty to file application for cancellation of bail;

(vii) Warrant of conviction, if any, issued by the Trial Court stands cancelled.

(PRAKASH D. NAIK, J.) MST