Dinanath Maruti Patil vs State Of Maharashtra And Anr
2022 Latest Caselaw 2244 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                    INTERIM APPLICATION NO.282 OF 2022
                                                   IN
                                      CRIMINAL APPEAL NO.68 OF 2022


                      Dinanath Maruti Patil                      .. Applicant/Appellant
                            Versus
                      State of Maharashtra and Anr.              .. Respondents

                                                      ......
                      Mr.Prashant Raul, Advocate for the Applicant/Appellant.
                      Ms.P.N. Dabholkar, APP for the Respondent 1-State.
                      Ms.Grishma Lad, Advocate for Respondent No.2.
                                                     ......
                                                   CORAM :    PRAKASH D. NAIK, J.

                                                      DATED :    MARCH 07, 2022.

                      P.C. :

                                  This is an application for suspension of sentence and

                      grant of bail pending criminal Appeal No.65 of 2022.



                      2           The applicant/appellant is convicted for the offence

                      punishable under Section 354A(1)(i) of Indian Penal Code ("IPC", for
         Digitally
         signed by
         RAJESHRI
                      short), Sections 7 and 8 of Protection of Children from Sexual
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2022.03.09
         15:37:10
                      Offences Act, 2012 ("POCSO Act", for short) and sentenced to suffer
         +0530

                      imprisonment of three years. The applicant/appellant is acquitted for

                      the offence under Section 9(m) punishable under Section 10 of POCSO

                      Act.
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3              The case of prosecution is that the accused had molested

the victim girl. The accused is the neighbour of the victim. The

incident had occurred on the date of birthday celebration of relative of

the accused.



4              Learned counsel for the applicant/appellant submitted

that there are serious discrepancies in the evidence. The applicant

/appellant was on bail during the trial. The sentence is of short term.

The facility of bail has not been misused in any manner.



5              Learned APP submitted that the accused is the neighbour

of victim. She was subjected to sexual assault. The victim is a minor

girl. There is suffcient evidence to convict him for the said offence.

Learned counsel for respondent no.2 supported the submissions of

learned APP. The victim is minor. There is no reason to disbelieve

version of victim.



6              The applicant/appellant was on bail during the trial.

There is no adverse report about the misuse of bail facility. On the date

of conviction the sentence of imprisonment has been suspended by the

trial Court. The maximum sentence imposed by the trial Court is for

the period of three years. The applicant/appellant has urged that
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there are infrmities in the evidence of the prosecution. Considering

the aforesaid circumstances, the sentence of imprisonment can be

suspended.


7               Hence, I pass the following order:



                                 :: O R D E R ::

(i) Interim Application No.282 of 2022, is allowed;

(ii) The sentence of imprisonment imposed vide judgment and

order dated 20th November, 2021, passed by the learned

Extra Jt.District and Additional Sessions Judge, Raigad-

Alibag in Special (POCSO) Case No.61 of 2020, 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) 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 between 11:00

a.m. to 01:00 p.m., till the disposal of Appeal;

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(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, the prosecution is at liberty to move an

application for cancellation of bail;

(vi) The applicant/appellant shall not approach the victim in

any manner. He shall not visit the vicinity of the residence

of the victim;

(vii) Interim Application No.282 of 2022, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)