Bombay High Court
Sandip Ramlal Patil vs The State Of Maharashtra And Anr on 4 January, 2022
Bench: Prakash Deu Naik
rpa 1/4 33 ia 3053 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3053 OF 2021
IN
CRIMINAL APPEAL NO.1018 OF 2021
Sandip Ramlal Patil .. Appellant
Versus
1) State of Maharashtra; and
2) Supriya Chaban Padhar (Thakare)
(Arrayed as Respondent No.2) .. Respondents
......
Mr.Manoj Mohite, Senior Advocate i/b. Mr.Jitendra Gaikwad,
Advocate for the Applicant/Appellant.
Mrs.M.M. Deshmukh, APP for the Respondent - State.
Ms.Manisha Deokar, Advocate for Respondent No.2.
......
CORAM : PRAKASH D. NAIK, J.
DATED : JANUARY 4, 2022.
P.C. :
Digitally
The applicant is convicted for the ofence punishable
signed by
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER under Section 67A of the Information Technology Act ("IT Act",
AHER Date:
2022.01.07
for short) and sentenced to sufer rigorous imprisonment for fve
10:22:37
+0530
years, and, to pay fne of Rs.6,00,000/-, vide judgment and order
dated 30th November, 2021, passed by the learned Sessions Judge
Pune in Sessions Case No.438 of 2011. He was also convicted for
the ofence punishable under Section 292(1)(2)(a) of IPC, and
rpa 2/4 33 ia 3053 2021.doc
sentenced to sufer rigorous imprisonment for two years and to
pay fne of Rs.2,000/-. Both the sentences were directed to run
concurrently.
2 On conviction, the applicant is taken in custody and
presently he is undergoing sentence of imprisonment.
3 Advocate for the applicant submitted that the
appellant has challenged the judgment of conviction before this
Court. The applicant was acquitted for the ofences punishable
under Sections 376 and 420 of IPC. The applicant was on bail
during trial. He has not misused the facility of bail. Finding of the
trial Court refected at paragraph 84 in the impugned judgment
indicate that there is no evidence in respect of uploading the
videos by the accused himself. Though there is no path found by
IP address that the accused is the host for publishing said videos
on website, internet. There are no antecedents against the
applicant. The maximum sentence imposed by the trial Court is
imprisonment of fve years. The Appeal may not come up for fnal
hearing immediately. Learned APP submitted that the ofence is
of serious nature. On account of the overtact of the applicant, the
videos were published on the Website internet. Considering the
factual aspects, the trial Court imposed fne of Rs.6,00,000/-.
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4 Learned counsel for respondent no.2 reiterated the
submission of the learned APP. It is contended that considering
the seriousness of the ofence, bail may not be granted to the
applicant. He was instrumental in uploading the objectionable
photographs/video on Website , internet.
5 I have perused the evidence. It is noted that the
applicant has been convicted for the ofence under Section 67A of
IT Act and Section 292(1)(2)(a) of IPC. The maximum sentence
awarded by the learned trial Judge is for a period of fve years.
The applicant has been acquitted for the ofence under Sections
376 and 420 of IPC. Learned counsel for the applicant had
submitted that the fne amount of Rs.6,00,000/-, and, Rs.2,000/-,
would be deposited in this Court within a period of four weeks
from today. The judgment of trial Court indicate that the
relationship was consensual in nature. Both of them were in love
relationship. The Appeal may not appear for fnal hearing withn
short span of time. The applicant was on bail during the trial.
There is no report indicating that he has misused the facility of
bail.
6 Considering the aforesaid circumstances, the
sentence of imprisonment imposed upon applicant can be
suspended and bail can be granted to him.
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7 Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application No.3053 of 2021, is allowed;
(ii) Pending the hearing and fnal disposal of Criminal
Appeal No.1018 of 2021, the sentence of imprisonment
imposed on applicant vide Judgment and order dated
30th November, 2021, passed by Additional Sessions
Judge, Pune in Sessions Case No.438 of 2011, is
suspended and the applicant is directed to be released
on bail on executing P.R. Bond in the sum of
Rs.50,000/-, with one or more sureties in the like
amount;
(iii) Applicant is permitted to furnish cash bail security of
Rs.50,000/-, for a period of eight weeks from today, in
lieu of surety;
(iv) Applicant shall deposit entire fne amount before trial
Court, within four weeks;
(v) Interim Application No.3053 of 2021, stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
