Sushil Ramesh Mane And Anr vs State Of Maharashtra And Anr
2023 Latest Caselaw 4332 Bom

2023:BHC-AS:12955

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO.895 OF 2023
                                                      IN
                                  CRIMINAL APPEAL NO.260 OF 2023


               Sushil Ramesh Mane & Anr.                    ..     Applicants
                                      Versus
               The State of Maharashtra & Anr.              ..     Respondents


                                                      ...

               Mr.Om Latpate with Mr.Surajsingh Malas i/b Mr.Kuldeep U.
               Nikam for the Applicants.
               Mr.S.R.Agarkar, A.P.P. for the State.
               Mr.Rajesh Dharap for the Respondent No.2.
                                                      ...

                                         CORAM: BHARATI DANGRE, J.
                                         DATED : 27th APRIL, 2023

               P.C:-



               1.      By the present application, the Appellants/Applicants
               seeks suspension of sentence imposed upon them by the
               District Judge and Additional Sessions Judge, Sangli in Special
               POCSO Case No.45 of 2020 on 11/01/2023. The Applicants
               faced charge under Section 354 of IPC and under Section 12 of
               POCSO Act and a fnding on conviction was recorded in the
               impugned judgment and they were sentence to suffer R.I. for
               one year each and to pay fne of Rs.3,000/-, in default to suffer
               R.I. for one month.

               M.M.Salgaonkar




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2.       Heard the learned counsel for the Applicants, learned
counsel for the Respondent No.2/complainant and the learned
A.P.P.

         Considering the fied term sentence of one year imposed
upon the Applicants, in the wake of the decision of the Apei
Court in Bhagwan Rama Shinde Gosai & Ors. Vs. State of
Gujarat (1999) 4 SCC 421, the sentence deserve to be
suspended.

         The learned counsel for Respondent No.2 would submit
that after the alleged incident complained by her, both the
Applicants indulged into similar type of act.           He, however,
states that he is not able to adduce any proof to that effect as
on date. In any case, release of the Applicants can be made
subject to the stipulation that they shall report to the
Investigating Offcer on frst Monday of every trimester
between 3.00 p.m. to 5.00 p.m., pending the hearing of the
Appeal. Hence, the following order.

                                 : ORDER :

1. Interim Application is allowed.

2. The sentence imposed on the Appellants in Special Case (POCSO) No.45 of 2020 vide judgment dated 11/01/2023 is suspended.

3. The Applicants/Appellants shall be released on bail on furnishing P.R.Bond to the eitent of Rs.25,000/- each, with one or more sureties in the like amount.

4. Pending the Appeal, the Applicants/Appellants shall report to the Investigating Offcer on frst Monday of every trimester between 3.00 p.m. to 5.00 p.m.

M.M.Salgaonkar

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5. Needless to state that any indulgence with the complainant or repetition of the same act being brought to the notice of the Investigating Offcer, would reserve a liberty to the prosecution to seek cancellation of bail.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar