Bombay High Court
Khalid Nisar Ahmad Choudhary vs The State Of Maharashtra on 30 March, 2022
Bench: Prakash Deu Naik
1 of 3 28.IA.718.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.718 OF 2022
IN
CRIMINAL APPEAL NO.1302 OF 2019
Khalid Nisar Ahmad Choudhary Applicant
versus
The State of Maharashtra Respondent
Ms.Lisa Shaikh i/by Mr.Shantanu R.Phanse, Advocate for applicant.
Mr.S.V.Gavand, APP, for State.
Ms.Priyanka Chavan, Advocate for respondent nos.2 and3.
CORAM : PRAKASH D. NAIK, J.
DATE : 30th March 2022
PC :
1. This is an application for suspension of sentence and grant of
bail. The applicant is convicted for for offences under Section 354-
A(1)(i) of Indian Penal Code and sentenced to suffer imprisonment
of three years. He is further convicted for the offence under Section
7 punishable under Section 8 of Protection of Children from Sexual
Offences Act and sentenced to suffer rigorous imprisonment of four
years. Both the sentences were directed to run concurrently.
2. The case of prosecution is that on 15 th May 2015 while the
victim girl was returning home from attending class, the accused
followed her. He hugged her from backside and touched her
inappropriately. The victim girl informed the incident to her mother.
Since they were not knowing the person who misbehaved with the
victim, they did not lodge the complaint with police station. On 17 th
Digitally signed by
MANISH MANISH SURESH
SURESH
May 2015 the father of victim tried to trace the accused. He found
THATTE
Date: 2022.04.01
THATTE 12:15:07 +0530
that accused was sitting in a garden and looking at the girls playing
2 of 3 28.IA.718.2022.doc
in garden. Enquiry was made with the accused. The victim girl
identified the accused as the same person who had misbehaved with
her.
3. Previous application for suspension of sentence preferred by
applicant was rejected by this Court vide order dated 8 th November
2019.
4. Learned advocate for applicant submitted that maximum
sentence awarded by Trial Court is of four years. The applicant is in
custody for a period of 2 years and 8 months. He has already
undergone more than half the sentence imposed by Trial Court.
There are no criminal antecedents against applicant. He was on bail
during trial. The facility of bail was not misused by him. Learned
counsel for applicant, on instructions, submit that the victim has
changed her residential address and she is not residing in the locality
where the alleged incident had occurred.
5. Learned APP submitted that applicant has been convicted on
the basis of evidence adduced by prosecution. This is second
application for suspension of sentence. The previous application was
rejected by this Court.
6. Learned advocate representing respondent nos.2 and 3
submitted that applicant had misbehaved with the victim girl while
she was returning home and entered in her residential building.
There is sufficient evidence to support conviction. The victim and
accused are residents of same locality.
3 of 3 28.IA.718.2022.doc
7. It is relevant to note that applicant is in custody for a period of
about 2 years and 8 months. The maximum sentence imposed by
Trial Court is of 4 years. The appeal has been admitted and pending
for final disposal. The appeal may not come up for final hearing
shortly. Considering the factual aspects of the matter, sentence of
imprisonment can be suspended on certain conditions.
ORDER
(i) Interim Application is allowed and disposed of;
(ii) The sentence of imprisonment imposed vide judgment and
order dated 11th September 2019 passed by District Judge-1 and
Special Judge (POCSO Act), Thane in Special Case (Child Protection)
No.100 of 2016, 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 approach victim girl or her relatives;
(v) The applicant shall not cause any harassment to victim;
(vi) The applicant shall attend Trial Court once in six months on
First Saturday of the month till disposal of the Criminal Appeal;
(vii) In the event there are two consecutive defaults in attending
the Trial Court, the Trial Court shall submit report to this Court;
(viii) 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
