Amjad Musa Pathan vs The State Of Maharashtra And ...
2023 Latest Caselaw 3343 Bom

                                                            Cri.Appln.No.1175/2023
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            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD



               CRIMINAL APPLICATION NO.1175 OF 2023 IN
                    CRIMINAL APPEAL NO.3 OF 2023


 Amjad Musa Pathan                                     ... APPLICANT

          VERSUS

 The State of Maharashtra & anr.                       ... RESPONDENTS

                                .......
 Mr. S.J. Salunke, Advocate for applicant
 Mr. N.T. Bhagat, A.P.P. for respondent No.1.
 Mr. K.S. Solanke, Advocate for respondent No.2.
                                 .......

                                 CORAM :          R.G. AVACHAT, J.

                                 DATE      :      3rd APRIL, 2023
 PER COURT :



                  Heard.        Learned A.P.P. waives service for the

 respondent.



 2.               The applicant has been convicted for the offence

 punishable under Sections 377, 323, 506 read with Section 34

 of the Indian penal Code, and Section 6 of the Protection of

 Children from Sexual Offences Act and the maximum period of

 imprisonment directed to undergone by the applicant is 15

 years and fine with default stipulation. He was on bail during




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                                                      Cri.Appln.No.1175/2023
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 trial. This Court had granted the applicant bail pending trial.



 3.               It appears that, on account of the absence of the

 applicant before the trial Court, non-bailable warrant was issued

 against him and he was arrested.



 4.               Learned counsel for the applicant states that, the

 medical evidence does not support the prosecution case.                       He

 takes this Court through the evidence of the Medical Officer

 P.W.4 Rameshwar. It is in his evidence that, he examined the

 victim boy on 29/3/2016. He did not notice any injury at anus

 of the victim.           The C.A. reports also support the applicant's

 case. To tip it, although the victim gave his evidence consistent

 with his statement under Section 164 of the Code of Criminal

 Procedure, in the cross-examination, he testified to have

 deposed before the Court as per the say of his parents.



 5.               The record further indicates that the parents of the

 victim had informed the trial Court to have settled the matter.

 The father of the victim is also appearing before this Court

 through his Advocate.           He has no objection if the applicant is

 granted suspension of execution of substantive sentence of

 imprisonment. As such, the learned A.P.P. has no option but to




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                                                            Cri.Appln.No.1175/2023
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 urge for passing necessary orders.



 6.               In view of the aforesaid state of affairs, the Court is

 inclined to allow the application. Hence the order :



                                    ORDER

 (i)      application is allowed.



 (ii)     Pending        the   appeal,     the     execution      of    substantive

sentences of imprisonment imposed upon the applicant by

learned Special Judge (POCSO Act), Ambajogai, District Beed by

judgment and order dated 10/12/2022 passed in Spl. (POCSO)

Case No.5/2016 to stand suspended and the applicant be

released on bail on his executing P.R. bond in the sum of

Rs.15,000/- (Rupees fifteen thousand) with one surety in the

like amount.

(R.G. AVACHAT, J.)

fmp/-