Aniket Anant Kamble vs The State Of Maharashtra And Anr
2022 Latest Caselaw 1895 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.2868 OF 2021
                                                             IN
                                                CRIMINA APEAL NO.965 OF 2021

                               Aniket Anant Kamble                                     Applicant
                                     versus
                               The State of Maharashtra and another                    Respondents

                               Mr.Vikas A. Tiwari, Advocate for applicant.
                               Ms.Meghna Gowalani, Advocate for respondent no.2.
                               Ms.P.N.Dabholkar, APP, for State.

                                                        CORAM :     PRAKASH D. NAIK, J.

                                                        DATE    :   24th February 2022
                               PC :


                               1.     The applicant has been convicted for the offence punishable
                               under Section 8 of POCSO Act and sentenced to suffer rigorous
                               imprisonment for three years and to pay fine of Rs.10,000/-. He is
                               also convicted for the offence punishable under Section 354 of IPC
                               and sentenced to suffer rigorous imprisonment for two years and to
                               pay fine of Rs.5,000/-. He was acquitted for the offence punishable
                               under Section 328 of IPC. Although he is convicted for the offence
                               punishable under Section 354-A of IPC, no separate sentence has
                               been imposed. After the conviction the Trial Court has suspended
                               the sentence of imprisonment for a temporary period by order dated
                               30th July 2021.

         Digitally signed by
MANISH   MANISH SURESH
SURESH   THATTE

THATTE
         Date: 2022.02.26
         16:15:23 +0530        2.     By order dated 12th January 2022 interim relief was granted to
                               the applicant and till next date the sentence of imprisonment was
                               suspended.
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3.      Considering the fact that sentence is of short term and in the
light of issues involved in the application, interim relief is required to
be confirmed. Hence, I pass following order :


                                 ORDER

(i) Interim Application is allowed and disposed of;

(ii) The sentence of imprisonment imposed vide judgment and order dated 30th July 2021 by Special Judge under POCSO Act, Greater Bombay in POCSO Special Case No.177 of 2019 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 shall attend Trial Court once in six months on First Saturday of the month till final disposal of the Criminal Appeal;

(iv) In the event there are two consecutive defaults in attending the Trial Court, the Trial Court shall submit report to this Court;

(v) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST