Bombay High Court
Tushar Mohan Chavan vs The State Of Maharashtra And Anr on 23 March, 2022
Bench: Prakash Deu Naik
30. Ia-465-2020-in-Apeal-125-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 465 OF 2020
IN
CRIMINAL APPEAL NO. 125 OF 2020
Tushar Mohan Chavan ...Applicant/Appellant
Versus
State Of Maharashtra & Anr. ...Respondents
....
Mr. Ramchandra N. Kachare, Advocate for the Applicant/Appellant
Mr. P. H. Gaikwad, APP for the Respondent No.1 - State.
Mr. Manas Ghavankar, Advocate for Respondent No.2.
CORAM : PRAKASH D. NAIK, J.
DATE : 23rd MARCH, 2022.
PER COURT:
1. Leave to amend the prayer clause of this application.
Amendment may be carried out forthwith.
2. This is an application for suspension of sentence and
grant of bail during the pendency of Criminal Appeal No.125 of
2020.
3. The applicant has been convicted for offence
punishable under Section 8 of Protection of Children from Sexual
Offences Act, 2012 (for short 'POCSO Act') and sentenced to suffer
three years rigorous imprisonment. He is also convicted for the
offence under Section 354 of IPC and sentenced to suffer three
Digitally signed
SAJAKALI
by SAJAKALI
LIYAKAT
JAMADAR
Sajakali Jamadar 1 of 3
LIYAKAT Date:
JAMADAR 2022.03.25
10:47:50
+0530
30. Ia-465-2020-in-Apeal-125-2020.doc
years rigorous imprisonment. Both the sentences were directed to
run concurrently.
4. The applicant was on bail during the trial. On the date
of conviction i.e. on 19th December, 2019, the trial Court had
suspended the sentence of imprisonment for temporary period and
granted bail to the applicant.
5. The applicant has surrendered to custody on 22nd
March, 2022. Considering the fact that the sentence is of short
term and also considering the fact that the applicant was on bail
during the trial, the relief prayed in this application can be granted.
6. Hence, I pass the following order:
ORDER
i. Interim Application No. 465 of 2020 is allowed;
ii. During the pendency of Criminal Appeal No.125 of
2020, the sentence of imprisonment imposed vide Judgment
and order dated 19th December, 2019 passed by learned
Designated judge under POCSO Act, Sindhudurg-Oros in
Special Case No.20 of 2019 is suspended and the applicant 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 is permitted to furnish cash bail in the
sum of Rs.20,000/- for a period of eight weeks in lieu of
surety.
Sajakali Jamadar 2 of 3
30. Ia-465-2020-in-Apeal-125-2020.doc
iv. The applicant shall attend the trial Court once in six
months on first Saturday of the month till the final disposal of
the appeal;
v. In the event, there are two consecutive defaults in
attending the trial Court, the said fact may be brought to the
notice of this Court and in such eventuality, the prosecution
will be at liberty to prefer an application for cancellation of
bail.
vi. The applicant shall not approach the victim and not
cause any harassment to her.
vii. Interim Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 3 of 3
