Suraj Ashok Jadhav vs The State Of Maharashtra And Anr
2022 Latest Caselaw 1545 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                    INTERIM APPLICATION NO.522 OF 2022
                                                  AND
                                    INTERIM APPLICATION NO.523 OF 2022
                                                   IN
                                      CRIMINAL APPEAL NO.141 OF 2022


                      Suraj Ashok Jadhav                        .. Applicant/ Appellant
                            Versus
                      State of Maharashtra and Anr.             .. Respondent

                                                      ......
                      Mr.Ramprasad V. Gupta, Advocate for the Applicant/Appellant.
                      Mr.H.J. Dedhia, APP for the Respondent - State.
                                                      ......

                                                      CORAM :   PRAKASH D. NAIK, J.

                                                      DATED :   FEBRUARY 15, 2022.

                      P.C. :

                                  These are applications for suspension of sentence and

                      grant of bail, pending Criminal Appeal No.141 of 2022. The applicant

                      has been convicted for the offences punishable under Section 354D of

                      Indian Penal Code ("IPC", for short) read with Sections 11 and 12 of

                      the Protection of Children from Sexual Offences Act, 2012 ("POCSO

         Digitally
         signed by
                      Act", for short), and, sentence to suffer rigorous imprisonment of
         RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2022.02.17
                      three years, vide judgment and order dated 19th January, 2022,
         16:20:30
         +0530
                      passed by Special Judge, Satara. The applicant has been taken in

                      custody on the date of conviction. The applicant preferred an
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application for suspension of sentence vide Section 389 of Cr.P.C,

which has been rejected.


2               Learned advocate for the applicant submitted that the

applicant was on anticipatory bail during the trial and now he is in

custody. The applicant has good case on merits. Learned APP

submitted that there is suffcient evidence against the applicant. He

was harassing the victim girl.


3               Considering the fact that the applicant was on bail during

the trial, by way of interim relief, the sentence can be suspended, till

next date of hearing..


4               Hence, I pass the following order:


                                :: O R D E R ::

(i) Issue notice to respondent no.2 returnable on 9 th March,

2022;

(ii) The sentence of imprisonment imposed vide judgment and

order dated 19th January, 2022, passed by Special Judge,

Satara, in Special (Child) POCSO Case No.88 of 2020, is

suspended and the applicant is directed to be released on

bail on executing P.R. Bond in the sum of Rs.20,000/-, with

one or more sureties in the like amount;

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(iii) Applicant/appellant is permitted to furnish cash bail

security of Rs.20,000/-, till next date of hearing;

(iv) This interim protection shall be in operation till the next

date of hearing.

(PRAKASH D. NAIK, J.)