Khalid Abubakar Baig vs State Of Maharashtra
2022 Latest Caselaw 3546 Bom

                                                                                    16. IA-819-2022-in-APEAL-274-2022.doc




                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO. 819 OF 2022
                                                                 IN
                                                   CRIMINAL APPEAL NO. 274 OF 2022

                              Khalid Abubakar Baig                             ...Applicant/Appellant
                                    Versus
                              State Of Maharashtra                        ...Respondent
                                                                        ....
                              Mr. Vivek B. Pandey, Advocate for the Applicant/Appellant
                              Mr. S. V. Gavand, APP for the Respondent - State.
                              Mr. Kamble (PSI) Kurar Police Station, Present.


                                                      CORAM       :        PRAKASH D. NAIK, J.

                                                      DATE        :        31st MARCH, 2022.

                              PER COURT:

1. Leave to amend to add the victim/complainant as respondent No.2. Amendment may be carried out forthwith.

2. Issue notice to respondent No.2, returnable on 18 th April, 2022.

3. Spare copy be supplied in the registry for issuing notice to respondent No.2.

4. Intimation about the hearing of this application be given to respondent No.2 through concerned Police Station.

5. Learned counsel for the applicant submitted that the interim bail may be granted to the applicant by suspending the sentence of imprisonment. It is submitted that the applicant is doctor. The maximum sentence of imprisonment imposed by trial Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR Date:

court for the conviction under Section 354 of IPC and Section 8 of JAMADAR 2022.04.01 18:47:25 +0530

Sajakali Jamadar 1 of 2

16. IA-819-2022-in-APEAL-274-2022.doc

Protection of Children from Sexual Offences Act, 2012 is three years. The applicant is in custody for more than two years.

6. Considering the submissions, by way of interim relief, the sentence of imprisonment can be suspended and bail can be granted to the applicant till the next date of hearing.

7. The sentence of imprisonment imposed vide Judgment and order dated 11th November, 2021 passed by learned Additional Sessions Judge, Borivali,(Div.) Dindoshi, Mumbai in Special (POCSO) Case No.292 of 2020 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.

8. 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 till next date of hearing.

9. This interim relief is granted till the next date of hearing.

10. Stand over to 18th April, 2022.

                                            (PRAKASH D. NAIK, J.)




Sajakali Jamadar                       2 of 2