Bombay High Court
Bhushan Jibhau Jadhav vs The State Of Maharashtra And Anr on 31 March, 2022
Bench: Prakash Deu Naik
28. IA-504-2022-in- APEAL-135-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 504 OF 2022
IN
CRIMINAL APPEAL NO. 135 OF 2022
Bhushan Jibhau Jadhav ...Applicant/Appellant
Versus
The State Of Maharashtra And Anr. ...Respondents
....
Mr. Chetan Deshmukh, Advocate for the Applicant/Appellant
Ms. Grishma Lad, Advocate for Respondent No.2.
Mr. Arfan Sait, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 31st MARCH, 2022.
PER COURT:
1. This is an application for suspension of sentence and
grant of bail during the pendency of Criminal Appeal No.135 of
2022.
2. The applicant has been convicted for offence
punishable under Section 354 of Indian Penal Code (for short
"IPC") and Section 8 r/w Section 7 of Protection of Children from
Sexual Offences Act, 2012 (for short 'POCSO Act'). He has been
sentenced to suffer imprisonment of three years on each count.
3. The case of the prosecution is that the accused No.1
Digitally signed
by SAJAKALI used to follow the victim. He started talking to her and kept on
SAJAKALI LIYAKAT
JAMADAR
LIYAKAT Date:
JAMADAR 2022.04.01
18:47:18
+0530
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28. IA-504-2022-in- APEAL-135-2022.doc
harassing. On 6th March, 2015, accused No.1/applicant caught
hand of the victim and told her to dance with him. She refused to
do so. She was threatened by him. Thereafter, he stalked her and
outraged her modesty. On 26th April, 2015, the appellant and the
other accused threatened the father of victim and assaulted him.
The harassment continued even thereafter and hence, the FIR was
registered.
4. The other accused were acquitted by the trial Court
and the applicant has been convicted for the aforesaid offences.
The applicant was on bail during the trial. There is no adverse
report about misuse the facility of bail. The sentence is of short
term. On the date of conviction, the trial Court had suspended the
sentence in accordance with Section 389 of Cr.P.C. Thereafter, this
Court had granted interim relief vide order dated 15 th February,
2022.
5. Learned APP and learned counsel for respondent No.2
submitted that the applicant has been convicted on the basis of
evidence. He had continued to harass the victim and her family
members.
6. However, considering the factual aspects as stated
above, the sentence of imprisonment can been suspended till the
Sajakali Jamadar 2 of 4
28. IA-504-2022-in- APEAL-135-2022.doc
final disposal of appeal on certain terms and conditions.
7. Hence, I pass the following order:
ORDER
i. Interim Application No. 504 of 2022 is allowed;
ii. During the pendency of Criminal Appeal No.135 of
2022, the sentence of imprisonment imposed vide Judgment
and order dated 13th January, 2022 passed by learned
Additional Sessions Judge and Special Judge(POCSO), Nashik
in Sessions Case (POCSO) No.70 of 2016 is suspended and the
applicant is directed to be released on bail on executing P.R.
Bond in the sum of Rs.15000/- with one or more sureties in
the like amount;
iii. The applicant is permitted to furnish cash bail in the
sum of Rs.15,000/- 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. The applicant shall not approach the victim and her
relatives and shall not cause any harassment on any nature to
the victim or her family members.
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28. IA-504-2022-in- APEAL-135-2022.doc
vii. Interim Application stands disposed of
accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 4 of 4
