Datta Chandrakant Salunkhe vs The State Of Maharashtra
2022 Latest Caselaw 12028 Bom

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                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO.2259 OF 2022
                                                        IN
                                          CRIMINAL APPEAL NO.700 OF 2022

                         Datta Chandrakant Salunkhe                        .... Applicant

                                       versus

                         State of Maharashtra & Anr.                       .... Respondents
                                                          .......

                         •      Mr. Sushrut Jadhwar, Advocate for Applicant.
                         •      Mr. S. R. Agarkar, APP for the State/Respondent.
                         •      Dr. Pradeepkumar L. Pardeshi (Appointed Advocate) for
                                 Respondent No.2.

                                                  CORAM       : SARANG V. KOTWAL, J.
                                                  DATE        : 23rd NOVEMBER, 2022

                         P.C. :


                         1.            This is an application for bail pending Appeal of the

                              Applicant, i.e. Criminal Appeal No.700 of 2022. The Applicant

                              was convicted u/s 7 r/w 8 of the Protection of Children from

                              Sexual Offences Act, 2012 as well as u/s 354 of the Indian Penal

            Digitally
            signed by
            MANUSHREE
                              Code. The major punishment imposed on him was for 3 years
MANUSHREE V NESARIKAR
V NESARIKAR Date:
            2022.11.25

                              besides the imposition of fine. This Judgment and Order was
            11:07:32
            +0530




                    Nesarikar
                            2/4           17-IA-2259-22-IN-APEAL-700-22.odt

     passed by the Special Judge under POCSO Act, Greater Mumbai,

     vide order dated 13/06/2022 in POCSO Special Case No.72 of

     2017.



2.            Heard Mr. Sushrut Jadhwar, learned counsel for the

     Applicant, Dr. Pradeepkumar L. Pardeshi, learned counsel for

     Respondent No.2 and Mr. S. R. Agarkar, learned APP for the

     State.



3.            Learned counsel for Applicant submitted that he was

     on bail during trial. Even after his conviction he is granted bail

     u/s 389 of Cr.PC. The Applicant has not misused the liberty. The

     sentence is short. He submitted that the Applicant has not

     committed any offence. However, the first informant under

     misconception and because of misunderstanding has lodged this

     false complaint.



4.            Learned APP as well as learned counsel for the

     Respondent No.2 opposed this application. Learned counsel for
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     the Respondent No.2 submitted that because of presumption u/s

     29 of POCSO, the conviction is rightly recorded.



5.            I have considered these submissions. The Applicant's

     Appeal is already admitted. All the issues raised in the Appeal as

     well as the submission made in this application will have to be

     decided during final hearing stage of the Appeal. The sentence is

     short i.e. for 3 years. The Appeal is not likely to be decided

     within that period. He was on bail during trial. Even after his

     conviction he was granted bail u/s 389 of Cr.PC. He has not

     misused the liberty. Therefore the Applicant can be granted bail

     pending his Appeal.



6.            Hence, the following order :



                                 ORDER

(i) During pendency and final disposal of the Criminal Appeal No.700 of 2022, the Applicant is directed to be released on bail on his 4/4 17-IA-2259-22-IN-APEAL-700-22.odt

furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one or two sureties in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)