Bombay High Court
Kaliram Chunilal Kusram vs State Of Mah. Thr. Warud Pso ... on 1 July, 2022
Bench: Avinash G. Gharote
1 11.APEAL.273-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPEAL NO. 273 OF 2022
( Siddhant Bandu Deshbhratar
Vs.
State of Maharashtra & Ors. )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. S.O. Ahmed, Advocate for the Appellant.
Mr. S.M. Ghodeswar, A.P.P. for the Respondent No.1/State.
Ms. D.V. Sapkal, Advocate (Appointed) for the Respondent Nos. 2 to 4.
CORAM: AVINASH G. GHAROTE, J.
DATED : 1st JULY, 2022.
Heard Mr. Ahmed, learned counsel for the
appellant and Mr. Ghodeswar, learned APP for the
respondent No.1/State assisted by Ms. Sapkal, learned
appointed counsel for the respondent Nos. 2 to 4.
2. ADMIT.
3. Call R & P.
CRIMINAL APPLICATION (APPA) NO. 333/2022
The application seeks suspension of
sentence and grant of bail.
2. The applicant has been convicted for the
offence punishable under Section 376 (2)(i) of the Indian
Penal Code and Sections 4, 6 and 8 of the POCSO Act,
2012, by the learned Sessions Court and has sentenced to
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various terms and the maximum being 10 years of
Rigorous Imprisonment. The fine has stated to be paid.
What is material to note is that the applicant at the time
of the alleged offence, was aged 16 years 7 months, and
therefore, it is contended, that he ought to have been
tried as juvenile, as against which, he was tried as an
adult, which according to Mr. Ahmed vitiates the trial.
However, that is a matter which has to be considered at
the time of the final hearing and unless it is
demonstrated, a prejudice is caused, the Court may not
intervene. It is not disputed, that the applicant who was
a child at that point of time, was released on bail on
19.07.2016 and throughout the trial he was on bail and
thereafter has surrendered on 22.03.2022 consequent to
the judgment under challenge. Considering the age of the
applicant and the fact that he was on bail during the
course of the trial, I do not deem it appropriate to further
continue the custody of the applicant, however subject to
the conditions. Hence the following order.
ORDER
(i) The Application is allowed.
(ii) The sentence imposed upon the Applicant is
hereby suspended and he be released on bail on
executing a P.R. Bond in the sum of Rs. 50,000/-
with two solvent sureties in the like amount.
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(iii) The Applicant shall not enter the territorial
jurisdiction of the Chandrapur District during the
pendency of the appeal and shall in no way
contact the victims at any point of time. In case,
any complaint is made by any of the victims of
any nature against the applicant, the State would
be entitled to file an application to cancel his bail.
(iv) The Applicant shall inform his place of residence
at all times to the local Police within the
jurisdiction of which he shall reside and so also
his mobile number so that he will be available at
all time. This information shall also be supplied
by him to the concerned Police Inspector of the
Ballarshah Police Station.
(v) Violation of any of the above conditions shall
result in cancellation of bail.
JUDGE
SD. Bhimte
Signed By:SHRIKANT
DAMODHAR BHIMTE
Signing Date:01.07.2022 17:09
