Saddam @ Yeda Banty Mohd. Hanif ... vs State Of Maharashtra And Anr
2022 Latest Caselaw 12248 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO.3669 OF 2022
                                    IN
                   CRIMINAL APPEAL (ST) NO.17694 OF 2022

   Saddam @ Yeda Banty Mohd. Hanif                          .... Applicant

                    versus

   State of Maharashtra and Anr.                            .... Respondents
                                        .......

   •       Smt. Vrushali L. Maindad a/w. Shaheen Kapadia, appointed
           Advocate for Applicant.
   •       Mr. S. R. Agarkar, APP for the State/Respondent No.1.

                                 CORAM     : SARANG V. KOTWAL, J.
                                 DATE      : 28th NOVEMBER, 2022

   P.C. :


   (1)              This is an Application for bail pending final disposal of

       Criminal Appeal preferred by the Applicant. The Applicant was

       convicted and sentenced by the Special Judge under the POCSO

       Act, Greater Mumbai             vide Judgment and Order dated

       25.11.2021 passed in POCSO Special Case No.454 of 2020. He

       was convicted for commission of offence under Section 10 of the

       Protection of Children from Sexual Offences Act, 2012 (for short


Shabnoor




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    'POCSO') and was sentenced to suffer rigorous imprisonment for

    five years and to pay fine of Rs.10,000/- and in default to suffer

    rigorous imprisonment for one month.



 (2)              Learned counsel for the Applicant submitted that out of

    5 years, he has undergone substantial part of the sentence. He

    is already in custody for more than two and half years and only

    a short period of his sentence is remaining.                   She further

    submitted that the medical evidence did not support the

    evidence of the victim. Therefore, there is serious doubt about

    the prosecution case.



 (3)              Learned APP submitted that the victim's evidence is

    rightly accepted by learned trial Judge.



 (4)              I have considered these submissions, the Applicant has

    raised arguable issues, which will have to be decided during

    final hearing stage.       The remaining sentence is short. These

    factors will have to be taken into consideration while deciding




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    this Bail Application.



 (5)              Hence, the following order :



                                      ORDER

(i) Issue notice to the Respondent No.2, returnable on 10.01.2023.

(ii) In addition, the Investigating Officer shall inform the Respondent No.2 about pendency of the Appeal, this Application and the next date of listing. He shall make a statement to that effect on the next occasion.

(iii) Stand over to 10.01.2023.

(SARANG V. KOTWAL, J.)