Onkar @ Pappu Umesh Jadhav vs State Of Maharashtra And Anr
2022 Latest Caselaw 12254 Bom

                                   1/3        09.IA.ST-20084-22 IN APEAL-699-22.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                INTERIM APPLICATION (ST) NO.20084 OF 2022
                                   IN
                     CRIMINAL APPEAL NO.699 OF 2022

   Onkar @ Pappu Umesh Jadhav                               .... Applicant
              versus
   State of Maharashtra and Anr.                            .... Respondents
                                          .......

   •       Mr. Vasantkumar Takke a/w. Shreekrishna N. More a/w.
           Animesh Jadhav, Advocate for Applicant.
   •       Smt. M. R. Tidke, 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

        the Appeal preferred by the Applicant.                The Applicant was

        convicted and was sentenced by the Extra Joint Additional

        Sessions      Judge,     Pune    vide judgment and order dated

        27.04.2022 in Special Case (POCSO) No.432 of 2019.                            The

        Applicant was convicted for commission of offence punishable

        under Sections 354, 354-D of the Indian Penal Code and was

        sentenced to suffer rigorous imprisonment for one year and to


Shabnoor




  ::: Uploaded on - 30/11/2022                      ::: Downloaded on - 01/12/2022 08:00:37 :::
                                 2/3       09.IA.ST-20084-22 IN APEAL-699-22.odt

      pay fine of Rs.5,000/- and in default to suffer rigorous

      imprisonment for three months.         He was acquitted from the

      charges of commission of offence punishable under Section 354-

      B and under Section 11 read with Section 12 of the Protection of

      Children from Sexual Offences Act.


 2.               Learned counsel for the Applicant submitted that the

      Applicant was on bail during trial. He was granted interim bail

      under Section 389 of the Code of Criminal Procedure by the trial

      Court. He submitted that he has a good case on merits. He has

      not misused the liberty.


 3.               Considering    these   submissions,      more       particularly

      considering the facts that the sentence is short and the accused

      was on bail during trial, the following order is passed :


                                      ORDER

(i) Issue notice to the Respondent No.2, returnable on 19.12.2022. Till then, the the Applicant is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only),

3/3 09.IA.ST-20084-22 IN APEAL-699-22.odt

with one or two sureties in the like amount.

(ii) 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) The Interim Order shall operate till the next date.

(iv) Stand over to 19.12.2022.

(SARANG V. KOTWAL, J.)