Bombay High Court
Shiva Vantu Jamkar vs The State Of Maharashtra And Anr on 5 May, 2022
Bench: Prakash Deu Naik
21-IA-352-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 352 OF 2022
IN
CRIMINAL APPEAL NO. 83 OF 2022
Shiva Vantu Jamkar ...Applicant/Appellant
Versus
The State Of Maharashtra And Anr. ...Respondents
....
Mr. Aniket Vagal, Advocate for the Applicant/Appellant.
Mr. Mukund Pandya h/f Mr. Yashpal Thakur, Advocate for Respondent
No.2.
Ms. P. N. Dabholkar, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 5th MAY, 2022.
PER COURT:
1. This is an application for suspension of sentence and
grant of bail during the pendency of Criminal Appeal No.83 of
2022. The applicant is convicted for offence punishable under
Section 10 of Protection of Children from Sexual Offences Act,
2012 (for short 'POCSO Act') and sentenced to suffer rigorous
imprisonment for 5 years. He is also convicted for offence
punishable under Section 12 of POCSO Act and sentenced to suffer
rigorous imprisonment for one year. He is further convicted for
offences punishable under Sections 354, 354-A and 354-D of Indian
Penal Code
Digitally signed
by SAJAKALI
SAJAKALI LIYAKAT Sajakali Jamadar 1 of 4
JAMADAR
LIYAKAT Date:
JAMADAR 2022.05.06
17:30:10
+0530
21-IA-352-2022.doc
2. The case of the prosecution is that the victim girl had
visited the market at Colaba along with her friend. The accused
followed them. When they entered into the shop, the accused also
entered the same shop. The accused then touched the victim
inappropriately. The victim informed the incident to her mother.
The First Information Report (for short 'FIR') was registered. The
accused was arrested on 6th August, 2018. C.C.T.V. footage was
collected. The accused was identified.
3. Learned Advocate for the applicant submitted that the
applicant was on bail during the trial. He is in custody from
8th October, 2018. While on bail he has not misused the facility of
bail.
4. Learned APP and learned Advocate for respondent
No.2 submitted that the victim was aged around 10 years. Specific
role of outraging modesty has been attributed to the applicant. The
identity of the applicant is not disputed. He was identified by the
victim.
5. The trial Court has imposed sentence of 5 years. The
applicant was on bail during the trial. There is no adverse report
about the misuse of facility of bail. The appeal may not reach for
hearing immediately. The applicant has urged that, if the accused
was identified in the parade and hence there was no need of
Sajakali Jamadar 2 of 4
21-IA-352-2022.doc
playing the C.C.T.V. footage in Court. The prosecution was not
sure about the identity of the accused. According to PW-1 and PW-
2 they came to know from the Police that one person was arrested
and that they were called at Police Station and they noticed that it
was not the same person and thereafter the Police had arrested the
applicant. The C.C.T.V. footage merely shows that the applicant was
following the victim. The record does not indicate that the accused
had touched the victim inappropriately.
6. Considering all the aforesaid circumstances, the
sentence of imprisonment can be suspended.
7. Hence, I pass the following order:
ORDER
i. Interim Application No. 352 of 2022 is allowed;
ii. During the pendency of Criminal Appeal No.83 of
2022, the sentence of imprisonment imposed vide Judgment
and order dated 08th October, 2021 passed by learned Special
Judge, under POCSO Act, Gr. Mumbai in POCSO Special Case
No.553 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;
iii. The applicant is permitted to furnish cash bail in the
sum of Rs.20,000/- for a period of eight weeks in lieu of
surety.
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21-IA-352-2022.doc
iv. The applicant shall not approach the victim and her
relatives and shall not cause any harassment to her.
v. The applicant shall attend the trial Court once in six
months on first Saturday of the month till the final disposal of
the appeal;
vi. 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.
vii. Interim Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
Sajakali Jamadar 4 of 4
