Bombay High Court
Jayesh Ramesh Khopkar vs The State Of Maharashtra And Anr on 18 January, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2385 OF 2021
IN
CRIMINAL APPEAL NO.811 OF 2021
Jayesh Ramesh Khopkar .. Applicant/ Appellant
Versus
State of Maharashtra and Anr. .. Respondents
......
Mr.Nikhil Mallelwar i/b. Mr.Sachin Pawar, Advocate for the
Applicant/Appellant.
Mr.S.V. Gavand, APP for the Respondent - State.
......
CORAM : PRAKASH D. NAIK, J.
DATED : JANUARY 18, 2022.
P.C. :
This is an application for suspension of sentence and
grant of bail pending appeal preferred by the applicant/appellant
challenging the judgment and order dated 16 th February, 2021,
passed by the Special Court Mangaon Division, Raigad in POCSO
Special Case No.8 of 2016. The applicant has been convicted for
the ofence under Section 354-A (1)(i) of IPC and he was
Digitally
signed by
sentenced to sufer rigorous imprisonment for one year. He is also
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER Date:
convicted for the ofence under Section 452 of IPC, and,
2022.01.20
12:33:13
+0530 sentenced to sufer imprisonment for one year. He was acquitted
for the ofence punishable under Sections 7 and 8 of POCSO Act.
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2 The sentence of imprisonment was suspended by the
trial Court on conviction for a limited period vide order dated 16 th
February, 2021.
3 Learned counsel for the applicant/appellant, on
instructions, submitted that the applicant/appellant has
surrendered to custody on 17th January, 2022.
4 It is noted that the maximum sentence awarded is of
one year. The applicant/appellant was on bail during the trial.
Even after conviction, the sentence was suspended for limited
period to enable the applicant/appellant to prefer Appeal before
this Court. The appeal has been admitted. The applicant/appellant
has been acquitted for the ofence under POCSO Act.
5 In view of the above, this application may be allowed.
6 Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application No.2385 of 2021, is allowed;
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(ii) During the pendency of Criminal Appeal No.811 of
2021, the sentence of imprisonment imposed on
applicant/appellant vide judgment and order dated 16th
February, 2021, passed by learned Special Judge
Mangaon, District - Raigad in POCSO Special Case
No.8 of 2016, convicting the applicant/appellant under
Section 354-A (1)(i) of IPC and Section 452 of IPC, is
suspended and the applicant/appellant 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;
(iii) Applicant/appellant is permitted to furnish cash bail
security of Rs.20,000/-, for a period of ten weeks from
today, in lieu of surety;
(iv) The applicant/appellant shall attend the trial Court once
in four months on frst Saturday of the month between
11:00 a.m. to 01.00 p.m., during the pendency of
Appeal;
(vi) In the event of two consecutive defaults in attending
the trial Court, the said fact be brought to the notice of
this Court;
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(vi) Interim Application No.2385 of 2021, stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
