Nasir Anis Shaikh vs The State Of Maharashtra And Anr
2022 Latest Caselaw 10720 Bom

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION


                                              INTERIM APPLICATION NO.2386 OF 2022
                                                              IN
                                                CRIMINAL APPEAL NO.846 OF 2022


                               Nasir Anis Shaikh                         ..... Applicant
                                           Versus
                               The State of Maharashtra & Anr.           .... Respondents


                                                           -----
                               Mr. Pawan Mali, Advocate i/b. Kushal Ambulkar, for the
                               Applicant.
                               Mr. P.H. Gaikwad, APP for the Respondent No.1-State.
                               Mr. Sushan Mhatre, Advocate (appointed) for Respondent
                               No.2.
                                                           -----

                                                                  CORAM : SARANG V. KOTWAL, J.

                                                                  DATE   : 14th OCTOBER, 2022

                               P.C. :
            Digitally signed
            by
            PRADIPKUMAR
PRADIPKUMAR PRAKASHRAO
PRAKASHRAO DESHMANE


                               1.               This is an application for releasing the applicant
DESHMANE    Date:
            2022.10.18
            10:57:37
            +0530




                               on bail during pendency of his appeal.


                               2.               The applicant is convicted by the Additional

                               Sessions Judge and Special Judge under POCSO Act, Nashik
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                               Deshmane(PS)
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vide his judgment and order dated 21.4.2022 passed in

Special Case (Atrocity) No.22/2017. At the conclusion of the

trial, the applicant was convicted for commission of offence

punishable under Section 8 of the Protection of Children

from Sexual Offences Act and under Section 354-A(i) of the

Indian Penal Code. The major sentence imposed on him was

for three years besides imposition of fine. He was acquitted

from the charges of commission of offence punishable under

the Scheduled Castes and the Scheduled Tribes (Prevention

of Atrocities) Act.


3.          Heard Shri Pawan Mali, leaned counsel for the

applicant, Shri P.H. Gaikwad, learned APP for the respondent

No.1-State and Shri Sushan Mhatre, learned appointed

counsel for the respondent No.2.


4.          Learned counsel for the applicant submitted that

the applicant was on bail during trial. He has not misused

the liberty. Even after his conviction, he was granted bail

under Section 389(3) of Cr.P.C. He submitted that the

incident is improbable and indications are that only after the
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others came to know about their affair, this false case is

lodged.


5.          Learned APP as well as learned counsel for the

respondent No.2 opposed this application. They submitted

that the evidence of PW-1 does not anyway indicate that it

was a consensual affair. The evidence of PW-2 shows that

PW-1's evidence is sufficiently corroborated. However, they

conceded that the sentence imposed is short.


6.          I have considered these submissions. The appeal

is admitted and, therefore, all these points will have to be

decided during final hearing of the appeal. The applicant

was on bail during trial and he has not misused that liberty.

Even after his conviction, he was granted bail by the trial

Court. Therefore, during pendency of his appeal, bail can be

granted to him. Hence the following order :

                       :: O R D E R ::

i. During pendency and final disposal of Criminal

Appeal No.846/2022, the applicant is directed to

be released on bail on his furnishing P.R. bond in 3 of 4 :4: 25.ia-2386-22.odt

the sum of Rs.30,000/- (Rupees Thirty Thousand

Only) with one or two sureties in the like amount.

ii. The applicant shall not harass PW-1 in this case in

any manner.

iii. Interim Application is disposed of accordingly.

(SARANG V. KOTWAL, J.)

Deshmane (PS)

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