Bombay High Court
Shivram Vyankatesh Patkar vs The State Of Maharashtra And Anr on 24 March, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION
INTERIM APPLICATION NO. 534 OF 2022
SHALIKRAM
Digitally signed
by SHALIKRAM
PRALHADRAO
(FOR BAIL)
IN
PRALHADRAO BOREY
BOREY Date:
2022.03.25
17:02:26 +0530
CRIMINAL APPEAL NO. 144 OF 2022
Shivram Vyankatesh Patkar ... Applicant/Appellant.
Vs.
The State of Maharashtra & Anr. ... Respondents.
---
WITH
INTERIM APPLICATION NO. 535 OF 2022
(FOR SUSPENSION OF SENTENCE)
IN
CRIMINAL APPEAL NO. 144 OF 2022
Shivram Vyankatesh Patkar ... Applicant/Appellant.
Vs.
The State of Maharashtra & Anr. ... Respondents.
---
Shri A. Karim Pathan, Advocate i/by Arbaz Agaskar for the
Applicant/ Appellant.
Shri S. V. Gavand, APP for the State.
Shri Tanveer Khan, Advocate for Respondent No. 2.
---
CORAM : PRAKASH D. NAIK, J.
DATED : MARCH 24, 2022.
P.C. :
1. Both these Applications are for suspension of sentence and
grant of bail during the pendency of the Criminal Appeal No.
144 of 2022.
2. The Applicant is convicted vide judgment and order dated
5th January, 2022 for the offences punishable under section
354-A (1)(i) of Indian Penal Code and section 7 punishable u/s. 8
& 9 (m) read with section 10 of Protection of Children from
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Sexual Offences Act. He is sentenced to suffer imprisonment
for five years.
3. Learned Advocate for the Applicant submitted that the
Applicant is aged about 82 years. He has been falsely
implicated in this case. There is discrepancy in the identification
of the accused. The accused was shown to the witnesses at
police station and thereafter, the identification parade was
conducted. The Applicant was on bail during trial. The facility
of bail was not misused. The Appeal may not come for hearing
within a short span of time.
4. Learned APP and learned Advocate for Respondent No. 2
submitted that although the Applicant is a senior citizen, the
overact attributed to him is of serious nature. He was chased
by the members of the public and apprehended immediately
after the incident. There is sufficient evidence against the
Applicant.
5. The trial court has imposed sentence of five years. It is a
short term sentence. The Applicant was on bail during the trial.
There is no adverse report about misuse of facility of bail. The
Applicant is aged about 82 years.
6. Considering the submissions of both the sides, the
sentence of imprisonment can be suspended. Hence, I pass
following order :
ORDER
(i) Interim Application Nos. 534 of 2022 and 535 of 2022
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are allowed.
(ii) The sentence of imprisonment imposed vide
judgment and order dated 05th January, 2022 passed by the
learned Special Judge (POCSO) & Additional Sessions Judge,
Thane in Spl. Case (POCSO) No. 329 of 2018 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
two 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 from the date
of his release.
(iv) The Applicant shall attend the trial Court once in six
months, on First Saturday of the month, till final disposal of
the Appeal.
(v) In the event of two consecutive defaults in attending
the trial court, the said fact may be brought to the notice
of this court. In such eventuality, the prosecution will be at
liberty to prefer an application for cancellation of the bail.
(vi) The Applicant shall not approach the victim.
7. Both Interim Applications stand disposed of.
(PRAKASH D. NAIK, J.)
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