Sandesh Pandurang Kharat vs The State Of Maharashtra And Anr
2022 Latest Caselaw 2145 Bom

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                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION


                                          CRIMINAL APPLICATION NO.1452 OF 2019
                                                          IN
                                            CRIMINAL APPEAL NO.1178 OF 2019


                        Sandesh Pandurang Kharat                    .. Applicant/Appellant
                                 Versus
                        State of Maharashtra and Anr.               .. Respondents

                                                         ......
                        None for the Applicant/Appellant.
                        Mr.Arfan Sait, APP for the Respondent No.1-State.
                        Ms.Savita Yadav, Advocate for Respondent No.2.
                        PSI More, Govandi Police Station, present.
                                                         ......

                                                        CORAM :     PRAKASH D. NAIK, J.

                                                        DATED :     MARCH 02, 2022.

                        P.C. :

                                      This is an application for suspension of sentence and

                        grant of bail. The applicant has been convicted for the offence under

                        Section 12 of POCSO Act, and, sentenced to suffer rigorous

                        imprisonment for one year vide judgment and order dated 29 th June,

                        2019.

           Digitally
           signed by
           RAJESHRI
RAJESHRI   PRAKASH
PRAKASH    AHER
AHER       Date:
           2022.03.03   2             The applicant was on bail during the trial. The sentence
           18:45:51
           +0530

                        was suspended by the trial Court on the date of conviction.
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3               By order dated 9th October, 2019, interim bail was

granted to the applicant pending Appeal challenging conviction and

the sentence was suspended till the returnable date. Thereafter, the

application was listed for hearing on several occasions. None appeared

for the applicant. Learned advocate Ms.Savita Yadav was appointed to

represent respondent no.2.



4               Considering the fact that the sentence was of one year,

which was suspended by the trial Court and further suspended by this

Court, the interim relief granted by this Court can be confrmed.



5               Hence, I pass the following order:



                                :: O R D E R ::

(i) Criminal Application No.1452 of 2019, is allowed;

(ii) The order dated 9th October, 2019, is confrmed;

(iii) The sentence of imprisonment imposed vide judgment and

order dated 29th June, 2019, passed by the Special Judge

under POCSO Act Greater Mumbai in POCSO Case No.406 of

2016, is suspended and the applicant is directed to be rpa 3/3 24 appa 1452 2019.doc

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) The applicant/appellant is permitted to furnish cash bail

security of Rs.20,000/-, for a period of ten weeks, in lieu of

surety;

(iv) The applicant/appellant shall attend the trial Court once in

six months on frst Saturday of the month, till the disposal

of Appeal;

(v) In the event there are two consecutive defaults in attending

the trial Court, the said fact may be brought to notice of this

Court, and, in such eventuality, the prosecution/

complainant/victim is at liberty to move an application for

cancellation of bail;

(vi) Criminal Application No.1452 of 2019, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)