Bombay High Court
Pawan Bhaskar Adkar vs The State Of Maharashtra And Anr on 22 March, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3012 OF 2021
IN
CRIMINAL APPEAL NO.1012 OF 2021
Pawan Bhaskar Adkar Applicant
versus
The State of Maharashtra and another Respondents
Adv.Babu Singh with Jigar Agarwal i/by Mr.Shyam Gawande,
Advocate for applicant.
Ms.Vrushali Maindad, Advocate for respondent no.2
Mr.S.V.Gavand, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 22nd March 2022
PC :
1. This is an application for suspension of sentence and grant of
bail during pendency of Criminal Appeal No.1012 of 2021.
2. The applicant has been convicted for offence under Section
354D of Indian Penal Code and under Section 12 of Protection of
Children from Sexual Offences Act, 2012. He is sentenced to suffer
imprisonment of one year and 6 months and fine of Rs.10,000/- for
the offence under Section 12 of POCSO Act. No separate sentence is
passed for the offence u/s.354D of IPC.
3. The prosecution case is that the victim was aged about 17
Digitally signed by
MANISH MANISH SURESH
SURESH THATTE
Date: 2022.03.24
THATTE 10:48:21 +0530
years at the time of incident whereas the accused was aged about 20
years. Both were residing in the same area. The accused had
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approached the victim and expressed his love for her and told that he
want to marry her. The victim refused his proposal. The accused
used to stalk her. On 12th October 2018 accused again approached
the victim and followed her. On account of the act of accused the
victim consumed phenyle and she felt stomach pain. The sentence
imposed by Trial Court is of short term. The applicant was on bail.
On the date of conviction the sentence of imprisonment was
suspended u/s.389 of Cr.P.C. This Court by order dated 9th December
2021 continued the order passed by Trial Court suspending the
sentence.
4. Considering the aforesaid circumstances, sentence of
imprisonment can be suspended pending appeal. Hence, I pass
following order :
ORDER
(i) Interim Application is allowed and disposed of;
(ii) The sentence of imprisonment imposed by judgment and order
dated 9th November 2021 by Additional Sessions Judge, Pune in
Special Case (POCSO) No.535 of 2018 is suspended and 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 eight weeks in lieu of sureties;
(iv) The applicant shall not contact the victim in any manner;
(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
the Trial Court, the Trial Court shall submit report to this Court;
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(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
