Samiullah Mustaf Ahmed Khan vs State Of Maharashtra And Anr
2023 Latest Caselaw 8230 Bom

2023:BHC-AS:22761



                     Diksha Rane                                         912. IA 2230-23.doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       Digitally
                               CRIMINAL APPELLATE JURISDICTION
       signed by
       DIKSHA
DIKSHA DINESH                    INTERIM APPLICATION NO.2230 OF 2023
DINESH RANE
RANE   Date:
       2023.08.10
                                                  IN
       17:25:24
       +0530
                                   CRIMINAL APPEAL NO.697 OF 2023

                     SAMIULLAH MUSTAF AHMED KHAN               ..APPLICANT
                          VS.
                     THE STATE OF MAHARASHTRA & ANR.           ..RESPONDENTS
                                              ------------
                     None for the applicant.
                     Ms. Anamika Malhotra, APP for State.
                     Adv. Ms. Priyanka B. Chavan for the respondent no.2.
                                              ------------
                                           CORAM : M. S. KARNIK, J.

DATE : AUGUST 10, 2023.

P.C. :

1. None for the applicant.

2. Learned APP appears on behalf of the respondent-

State and learned counsel Ms. Priyanka Chavan appears on

behalf of the respondent no.2.

3. I have heard learned APP and learned counsel for the

respondent no.2. With their assistance, I have perused the

impugned judgment of conviction. The applicant has been

convicted for the offence punishable under Section 12 of the

Protection of Children from Sexual Offences Act, 2012 and

sentenced to suffer imprisonment for one year.

Diksha Rane 912. IA 2230-23.doc

4. In view of the grounds of challenge in the appeal and

the fact that the sentence is for short term of one year, I am

inclined to suspend the sentence. Nothing is on record to

indicate that the applicant has misused his liberty while he

was on bail during trial. The appeal is likely to take some

time to be heard finally.

5. The sentence passed by the trial Court is suspended.

The applicant be released on same bail as in the trial Court

with fresh bond.

6. Interim Application is disposed of accordingly.

(M. S. KARNIK, J.)