Bombay High Court
Amol Hindurao Dhaygude vs The State Of Maharashtra And Anr on 24 February, 2022
Bench: Prakash Deu Naik
1 of 3 33.IA.151.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.151 OF 2022
IN
CRIMINAL APPEAL NO.40 OF 2022
Amol Hindurao Dhaygude Applicant
versus
The State of Maharashtra and another Respondents
Mr.Rahul K. Dhaygude, Advocate for applicant.
Ms.Devyani Kulkarni, Advocate for respondent no.2.
Mr.S.H.Yadav, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 24th February 2022
PC :
1. The applicant is seeking suspension of conviction and grant of
bail pending Criminal Appeal No.40 of 2022.
2. The applicant has been convicted vide judgment and order
dated 29th December 2021 passed by Special Judge, Satara in Special
Case No.18 of 2018 convicting him for the offence punishable under
Section 354A, 354D of Indian Penal Code r/w Sections 11, 12 of
Protection of Children from Sexual Offences Act. The applicant has
been sentenced to undergo rigorous imprisonment for three years
and fine of Rs.3,000/-.
MANISH Digitally signed by
MANISH SURESH THATTE
SURESH
3. The case of prosecution is that the alleged incident had
Date: 2022.02.26 15:03:16
THATTE +0530
occurred on 1st December 2017 and 2nd December 2017. In the first
2 of 3 33.IA.151.2022.doc
incident the accused had allegedly expressed that he is in love with
victim. In the second incident the accused had outraged modesty of
the victim when she was washing utensils at water tap in front of her
house. Accused was taking bath and exhibited his private part.
4. Learned counsel for applicant submitted that applicant has
been falsely implicated in this case. There was quarrel between both
the sides. The complainant is habitual in filing complaints against
several persons. The applicant and victim are related to each other.
The applicant was on bail during trial. There are no instances of
misuse of facility of bail. The sentence is of short term. The appeal
would not come up for hearing immediately. For want of suspension
of sentence of imprisonment, the appeal would become infructuous.
5. Learned APP submitted that the applicant was involved in
commission of two incidents which were occurred on 1 st December
2017 and 2nd December 2017. The applicant is involved in harassing
the victim. The incidents are of serious nature.
6. Learned counsel for respondent no.2 submitted that there is
sufficient evidence to convict the applicant. No case is made out for
suspension of sentence. The applicant is involved in sexual
harassment and outraging modesty. Hence this appeal be rejected.
7. The applicant was on bail during trial. There is no adverse
report about misuse of facility of bail. The sentence is of three years.
Arguable questions are raised in the appeal. The sentence of
imprisonment is of short term. Hence case for suspension of
sentence is made out.
3 of 3 33.IA.151.2022.doc
ORDER
(i) Interim application is allowed and disposed of;
(ii) The sentence of imprisonment imposed vide judgment and
order dated 29th December 2021 passed by Extra Joint District Judge
and Additional Sessions Judge, Satara in Special (Child) Case No.18
of 2018 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 attend Trial Court once in six months on
First Saturday of the month till disposal of the Criminal Appeal;
(v) In the event there are two consecutive defaults in attending
the Trial Court, the Trial Court shall submit report to this Court;
(vi) 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;
(vii) The applicant shall not approach the victim and shall not cause
any harassment to her in any manner;
(viii) The applicant shall not enter the vicinity of residence of victim.
(PRAKASH D. NAIK, J.)
MST
