Bombay High Court
Santosh Rambrich Kumar vs The State Of Maharashtra And Anr on 3 January, 2022
Bench: Prakash Deu Naik
28. Ia-795-2021-in-Apeal-200-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 795 OF 2021
IN
CRIMINAL APPEAL NO.200 OF 2021
Santosh Rambrich Kumar ...Applicant
Versus
The State Of Maharashtra And Anr. ...Respondents
Mr. Pramod G. Kathane, Advocate for the Applicant.
Mr. Vivek Arote, Advocate for Respondent No.2.
Mrs. M. M. Deshmukh, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 3rd JANUARY, 2022
PER COURT:
1. This is an application for suspension of sentence and
grant of bail pending in Criminal Appeal No.200 of 2021.
2. The applicant has been convicted for the offence
punishable under Section 354 of Indian Penal Code for
outraging the modesty of the woman aged about 33 years. He
has been sentenced to suffer imprisonment for one year and
to pay fine of Rs.10,000/-.
3. Pursuant to the Judgment of conviction dated 2 nd
Digitally
signed by
SAJAKALI
SAJAKALI
February, 2021 passed by the Special Court under the POCSO
LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2022.01.05
10:35:52
+0530
Act, the sentence was suspended by the trial Court to enable
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28. Ia-795-2021-in-Apeal-200-2021.doc
the applicant to prefer an appeal before this Court.
Thereafter, the applicant had preferred an appeal challenging
the Judgment of conviction which has been admitted. Vide
order dated 4th March, 2021, the order suspending the
sentence passed by the trial Court was continued till the next
date, even thereafter the interim order was continued.
4. Learned counsel for the applicant - appellant
submits that the applicant was in custody for about one
month. He has good case on merits. The appeal would not
come up for hearing within short span of time.
5. Learned APP submitted that the applicant was
charged for commission of offences under Section 10 of the
Protection of Children from Sexual Offences Act, 2012 (for
short 'POCSO Act') as well as Section 354 of Indian Penal
Code. He had misbehaved with complainant/woman as well
as minor child.
6. Learned counsel for the victim appointed through
legal aid submitted that the trial Court in paragraph-16 of the
impugned judgment has assigned reasons for convicting the
applicant for offence punishable under Section 354 of Indian
Penal Code. There is sufficient evidence to prove the charge
against the applicant.
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28. Ia-795-2021-in-Apeal-200-2021.doc
7. Vide Judgment and order dated 2nd February, 2021
the applicant has been convicted for offence under Section
354 of Indian Penal Code for outraging modesty of the lady
aged about 33 years. However, he has been acquitted for
offence under Section 354 of Indian Penal Code and Section
10 of the POCSO Act in respect of minor child. The appeal has
been admitted. The appeal may not reach for final hearing
immediately. The applicant was on bail during the trial. It is
not reported that he has misused the facility of bail. The
sentence was suspended by the trial Court.
8. In view of the above, this application can be allowed
and the sentence imposed against the applicant can be
suspended.
9. Hence, I pass the following order:
ORDER
(i) Interim Application No. 795 of 2021is allowed;
(ii) During the pendency of Criminal Appeal No.200 of
2021, the Sentence of imprisonment awarded by the
trial Court vide judgment and order dated 2nd February,
2021 for conviction under Section 354 of Indian Penal
Code is suspended and the applicant is directed to be
released on bail on same terms and conditions as
awarded by the trial Court with fresh bond.
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28. Ia-795-2021-in-Apeal-200-2021.doc
(iii) The applicant shall execute fresh bond within a
period of four weeks from today.
(vi) Interim Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 4 of 4
