Ramesh Bandu Shinde vs The State Of Maharashtra
2022 Latest Caselaw 2757 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION


                                             INTERIM APPLICATION NO.122 OF 2022
                                                           WITH
                                             INTERIM APPLICATION NO.123 OF 2022
                                                             IN
                                               CRIMINAL APPEAL NO.383 OF 2021

                               Ramesh Bandu Shinde                                    Applicant
                                     versus
                               The State of Maharashtra                               Respondent


                               Mr.Siddhesh R. Samel, Advocate for applicant.
                               Ms.Shraddha Sawant, Advocate for respondent no.2.
                               Mr.Arfan Sait, APP, for State.
                               PSI Rane, MHB Police Station, Mumbai, present.

                                                       CORAM :      PRAKASH D. NAIK, J.

                                                       DATE    :    22nd March 2022
                               PC :


                               1.     Interim Application No.123 of 2022 is not on board. Papers
                               are tagged with Interim Application No.122 of 2022. Heard both
                               Interim Applications.


                               2.     Both these interim applications are seeking suspension of
                               sentence and grant of bail pending Criminal Appeal No.383 of 2021.


                               3.     The applicant has been convicted for the offence u/s/354A of
                               Indian Penal Code and Sections 11 and 12 of Protection of Children
         Digitally signed by
MANISH   MANISH SURESH
SURESH
                               from Sexual Offences Act, 2012 vide judgment and order dated 23 rd
         THATTE
         Date: 2022.03.24
THATTE   16:58:08 +0530




                               February 2021 passed by Special Judge under POCSO Act, Sessions
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Court, Dindoshi, Mumbai in POCSO Special Case No.309 of 2016
and sentenced to undergo imprisonment for one year.


4.      The applicant was on bail during trial.       The sentence of
imprisonment was suspended by the Trial Court on the date of
conviction. The applicant has now surrendered and he is in custody.


5.      By order dated 3rd March 2022 by way of interim relief
sentence of imprisonment imposed by Trial Court was suspended.
The sentence is of short term and considering the aforesaid aspects,
interim order dated 3rd March 2022 deserves to be confirmed. Hence,
I pass following order :


                                ORDER

(i) Interim Application Nos.122 of 2022 and 123 of 2022 are allowed and disposed of;

(ii) The sentence of imprisonment imposed vide judgment and order dated 23rd February 2021 passed by Special Judge under POCSO Act, Sessions Court, Dindoshi, Mumbai, in POCSO Special Case No.309 of 2016 is suspended and the applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

(iii) The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks in lieu of sureties;

(iv) The applicant shall not approach the victim and shall not cause harassment to her;

(v) The applicant shall attend Trial Court once in six months on First Saturday of the month till disposal of the Criminal Appeal;

(vi)    In the event there are two consecutive defaults in attending
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the Trial Court, the Trial Court shall submit report to this Court;

(vii) In the event of default committed by the applicant in attending the Trial Court, the prosecution will be at liberty to prefer application for cancellation of bail.

(PRAKASH D. NAIK, J.) MST