Vishal Nilesh Modak vs State Of Maharashtra And Anr
2023 Latest Caselaw 4189 Bom

2023:BHC-AS:12483

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO.936 OF 2023
                                                            IN
                                  CRIMINAL APPEAL NO.269 OF 2023
               Vishal Nilesh Modak                                      ..     Applicant
                                      Versus
               The State of Maharashtra & Anr.                          ..     Respondents


                                             ...
               Mr.Abhijit A. Tambe for the Applicant.
               Mr.Y.M.Nakhawa, A.P.P. for the State.
               Mr.Yashpal Thakur, Appointed Advocate for the Respondent
               No.2
                                                    ...
                                         CORAM: BHARATI DANGRE, J.
                                         DATED : 25th APRIL, 2023

               P.C:-


               1.      By the present Application, the Appellant/Applicant seek
               suspension of sentence imposed on him by the Special Judge,
               Sindhudurga-Oros                 in   Special     Case    No.18         of    2020        on
               31/01/2023. The Applicant stand convicted for committing
               the offences punishable under Sections 354A(1)(i), 354A(1)
               (ii) of IPC and Section 7 of the POCSO Act and he is sentenced
               to undergo R.I. for three years and to pay fne of Rs.1,000/-, in
               default of payment of fne, he is directed to undergo S.I. for 15
               days.

               2.      It is this judgment which is subjected to Appeal before
               this Court. The Appeal is already admitted and pending before
               this Court for adjudication.

               M.M.Salgaonkar




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3.      The learned counsel for the Applicant would invite my
attention to the inconsistencies in the version of the
prosecution case and, according to him, the same has
materially affected the truthfulness of the version of the
prosecutrix, whose age itself is in doubt and it has not been
conclusively established that she is minor. Further submission
advanced is, the Applicant was on bail throughout the trial and
he has never misused his liberty. Apart from this, his sentence
has been suspended and he came to be released on bail
immediately upon furnishing personal bond by the trial Court
itself, so as to enable him to fle an Appeal.

        Considering the fact that the Appeal fled by the
Appellant is already admitted by this Court and sentence
imposed upon him is of fxed term, in the wake of the decision
of the Hon'ble Supreme Court in the case of Bhagwan Rama
Shinde Gosai & Ors. Vs.State of Gujarat1, the application
deserve to be allowed. Hence, the following order.

                                 : ORDER :

1. Application is allowed.

2. The sentence imposed upon the Applicant under the impugned judgment stand suspended and he shall continue to remain on bail, as directed by the Sessions Judge, Sindhudurg- Oros by his order dated 31/01/2023.

( SMT. BHARATI DANGRE, J.)

1 (1999) 4 SCC 421

M.M.Salgaonkar