Mayappa Laxman Hegade vs The State Of Maharashtra And Anr
2022 Latest Caselaw 3490 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.1076 OF 2021
                                                             IN
                                               CRIMINAL APPEAL NO.291 OF 2021

                               Mayappa Laxman Hegade                                    Applicant
                                     versus
                               The State of Maharashtra and another                     Respondents

                               Mr.Vilas B. Tapkir, Advocate for applicant.
                               Mr.S.V.Gavand, APP, for State.
                               Ms.Farhana Shah, Advocate for respondent no.2.

                                                         CORAM :      PRAKASH D. NAIK, J.

                                                         DATE     :   30th March 2022
                               PC :


                               1.     This is an application for suspension of sentence and grant of
                               bail pending Criminal Appeal No.291 of 2021.        The applicant is
                               convicted for offence under Section 363 of Indian Penal Code and
                               sentenced to suffer imprisonment of three years.         He has been
                               acquitted for offence u/s.376(3) of Indian Penal Code and Sections 4
                               and 12 of Protection of Children from Sexual Offences Act, 2012.


                               2.     The applicant was on bail during trial.      On the date of
                               conviction the sentence of imprisonment was suspended. The appeal
                               preferred by the applicant has been admitted by this Court. By order
                               date 30th March 2021 the order suspending sentence was continued
                               till next date The inter order is in operation.
         Digitally signed by
MANISH   MANISH SURESH
SURESH   THATTE
         Date: 2022.04.01
THATTE   12:15:07 +0530
                               3.     The victim stated that there was no physical relation between
                               her and the accused. Considering the fact that sentence is of short
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term and other circumstances stated hereinabove, this application
can be allowed.


                                ORDER

(i) Interim Application is allowed and disposed of;

(ii) The sentence of imprisonment imposed vide judgment and order dated 2nd March 2021 by Sessions Judge, Sindhudurg, Oros in Special Case (POCSO) No.2 of 2020 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 attend Trial Court once in six months on First Saturday of the month till disposal of the Criminal Appeal;

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

(vi) 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