Santosh Uttamrao Pawar (Pol) vs The State Of Maharashtra
2022 Latest Caselaw 10218 Bom

                                                           1 of 3                 04-ia-3289-22


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 3289 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 974 OF 2022

                     Santosh Uttamrao Pawar (Pol)                           ..Applicant
                          Versus
                     The State of Maharashtra                               ..Respondent

                                                 __________
                     Mr. Gautam Kanchanpurkar a/w. Priya A. Patil i/b. Sandip L.
                     Babar, for Appellant.
                     Mr. P. H. Gaikwad, APP for State/Respondent.
                                                 __________

                                               CORAM : SARANG V. KOTWAL, J.

DATE : 4th OCTOBER 2022 PC :

1. Leave to amend is granted to add the victim as a party

respondent without disclosing her name. Amendment shall be

carried out forthwith.

2. This is an application for the applicant's release on bail

during pendency of this Criminal Appeal No.974 of 2022. The

Applicant was convicted for commission of offences punishable

under sections 354, 354-D of I.P.C., as well as, under section 12 of

Digitally the Protection of Children from Sexual Offences Act, 2012. The signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date:

2022.10.04 15:06:48 +0530 Gokhale 2 of 3 04-ia-3289-22

major punishment imposed on him was for one year of rigorous

imprisonment, besides imposition of fine.

3. Learned counsel for the Applicant submitted that the

sentence is short and the Appeal is not likely to be decided within

one year. He further submitted that the Applicant was on bail

during trial and even after his conviction he is granted bail

U/s.389(3) of Cr.p.c. by the trial Judge vide his order dated

12/09/2022. This order was passed by learned Extra Joint

Additional Sessions Judge, Karad in Special Case No.14 of 2021.

The date of impugned Judgment is 12/09/2022. On merits, he

submitted that the incident is not probable. It allegedly occurred

on the crowded road, but no independent witness is examined. He

is falsely implicated.

4. Considering the submissions made by learned counsel

for the Applicant, issue notice to the Respondent No.2, returnable

on 22/11/2022.

5. In addition, the Investigating Officer shall inform the

Respondent No.2 about pendency of this Appeal, the present 3 of 3 04-ia-3289-22

application and the next date of listing. He shall make a statement

to that effect before the court on the next occasion.

6. Till the next date, the protection granted by the trial

Court U/s.389(3) of Cr.p.c. on 12/09/2022 shall continue.

7. Stand over to 22/11/2022.

(SARANG V. KOTWAL, J.)