Baliram Dagdu Bhokare vs State Of Maharashtra And Anr
2022 Latest Caselaw 10942 Bom

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                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.3520 OF 2022
                                                       IN
                                         CRIMINAL APPEAL NO.1029 OF 2022

                       Baliram Dagdu Bhokare                               .... Applicant

                                      versus

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

                       •       Mr. Ratnesh M Dube, appointed Advocate for Applicant.
                       •       Smt. M. R. Tidke, APP for the State/Respondent No.1.


                                                 CORAM      : SARANG V. KOTWAL, J.
                                                 DATE       : 18th OCTOBER, 2022

                       P.C. :


                       1.             This is an application for bail pending the Applicant's

                            Criminal Appeal No.1029/2022. The Applicant was convicted

                            and sentenced by the Additional Sessions Judge, Mangaon,

                            Raigad, vide judgment and order dated 20.07.2022 passed in

                            Special Atrocity Case No.02/2018. The Applicant was convicted
          Digitally
          signed by
          MANUSHREE
MANUSHREE V
V
NESARIKAR
          NESARIKAR
          Date:
                            for commission of offence punishable under Sections 354-A(1)
          2022.10.21
          10:59:48
          +0530


                            (i) of the Indian Penal Code, u/s 8 of the Protection of Children


                   Nesarikar
                               2/3         03-IA-3520-22 IN APEAL-1029-22.odt

     from Sexual Offences Act, 2012 and u/s 3(1)(w)(i) of the

     Scheduled       Castes   and   Scheduled   Tribes   (Prevention     of

     Atrocities) Amendment Act, 2015. The major sentence imposed

     on him was rigorous imprisonment for 3 years besides

     imposition of fine.



2.            Learned counsel for the Applicant states that the

     alleged incident is dated 12.01.2018. The Applicant is falsely

     implicated on money dispute. The Applicant was on bail during

     trial and he has not misused the same. Even after this conviction

     he was granted bail by the trial Court under Section 389 of Cr.

     P.C. vide order dated 20.07.2022.



3.            Considering this submission and also considering the

     short sentence, following order is passed :


                                    ORDER

(i) Leave to amend to conceal the identity of respondent No.2. Amendment to be carried out forthwith.

3/3 03-IA-3520-22 IN APEAL-1029-22.odt

(ii) Issue notice to the respondent No.2 returnable on 06.12.2022.

(iii) In addition, the investigation officer shall inform the respondent No.2 about the pendency of this Application, the Appeal and the next date of listing. He shall make a statement before the Court on the next occasion.

(iv) Till the next date, the order dated 20.07.2022 granting bail to the Applicant under Section 389 of Cr. P. C. by the Trial Court is continued on the same terms.

(v)    Stand over to 06.12.2022.



                               (SARANG V. KOTWAL, J.)