Bombay High Court
Rohan Dilip Bhandekar vs The State Of Maharashtra And Anr on 31 March, 2022
Bench: Prakash Deu Naik
14- IA-950-2022-in- APEAL-288-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 950 OF 2022
IN
CRIMINAL APPEAL NO. 288 OF 2022
Rohan Dilip Bhandekar ...Applicant/Appellant
Versus
The State Of Maharashtra And Anr. ...Respondents
....
Mr. Tukaram S. Shendge, Advocate for the Applicant/Appellant
Mr. Arfan Sait, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 31st MARCH, 2022.
PER COURT:
1. Leave to amend the prayer clause '(b)' in application.
Amendment may be carried out forthwith.
2. This is an application for suspension of sentence and
grant of bail during pendency of Criminal Appeal No.288 of 2022
challenging the judgment of conviction.
3. The applicant has been convicted for offence
punishable under Section 363 of Indian Penal Code (for short
"IPC") and sentenced to suffer rigorous imprisonment for four
years and to pay fine of Rs.50,000/-.
4. The applicant was charged for offences under Sections
Digitally signed
SAJAKALI
by SAJAKALI
LIYAKAT
JAMADAR
363, 376 of IPC and Section 6 of Protection of Children from
LIYAKAT Date:
JAMADAR 2022.04.01
18:47:22
+0530
Sajakali Jamadar 1 of 3
14- IA-950-2022-in- APEAL-288-2022.doc
Sexual Offences Act, 2012 (for short 'POCSO Act'). The applicant
was aged around 18 years at the time of incident. It was alleged
that the applicant/accused had sexually assaulted the victim.
During trial, the victim had not supported the prosecution case qua
sexual assault and hence the applicant was acquitted for offence
under Section 376 of IPC.
5. The applicant is in custody for a period of about three
years and nine months. The sentence imposed by the trial Court is
four years.
6. Considering the aforesaid circumstances, the sentence
of imprisonment can be suspended and bail can be granted to
applicant.
7. Hence, I pass the following order:
ORDER
i. Interim Application No. 950 of 2022 is allowed;
ii. During the pendency of Criminal Appeal No.288 of
2022, the sentence of imprisonment imposed vide Judgment
and order dated 9th December, 2021 passed by learned Special
Judge under POCSO Act, Pune in Special POCSO S.C. No.
No.328 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 more sureties in the like amount;
Sajakali Jamadar 2 of 3
14- IA-950-2022-in- APEAL-288-2022.doc
iii. The applicant is permitted to furnish cash bail in the
sum of Rs.20,000/- for a period of ten weeks in lieu of surety.
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. Interim Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 3 of 3
