Prabhakar Bhoja Pujari vs State Of Maharashtra And Anr
2023 Latest Caselaw 8392 Bom

2023:BHC-AS:23450



                    PMB                                           29.ia.1970-23.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.1970 OF 2023
                                            WITH
                             INTERIM APPLICATION NO.1972 OF 2023
                                             IN
                               CRIMINAL APPEAL NO.625 OF 2023

                    Prabhakar Bhoja Pujari                ..Applicant
                          VS.
                    The State of Maharashtra and anr.     ..Respondents
                                             ------------
                    Adv. Rajesh P. Khobragade a/w Adv. Gayatri H. Nayak, Adv.
                    Raj S. Gupta, Adv. Akash Tayade and Adv. Ayesha Qureshi
                    for the Applicant.
                    Ms. P. N. Dabholkar, APP for Respondent No.1-State.
                    Adv. Suvarna Yadav for Respondent No.2.
                    ASI Shivsharan, Shivaji Park Police Station.
                                             ------------

                                          CORAM : M. S. KARNIK, J.

                                          DATE    : AUGUST 18, 2023
                    P.C. :

                    1.     Heard learned counsel for the Applicant, learned APP

                    for the State and learned counsel for Respondent No.2.

                    2.     The Applicant has been convicted for the offence

                    punishable under Section 8 of the Protection of Children

                    from Sexual Offences Act, 2012 (hereafter 'the POCSO Act',

                    for short) and Section 354(A)(1)(i), 452 of the Indian Penal

                    Code and he has been sentenced to suffer rigorous


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 PMB                                                29.ia.1970-23.doc


imprisonment for three years. Learned counsel for the

Applicant states that the fine amount has been paid.

3.    The application is opposed by learned APP and learned

counsel appearing for Respondent No.2 contending that for

the serious offence punishable under the provisions of the

POCSO Act that the Applicant has been convicted.

4.    Learned counsel for the Applicant submitted that

pending trial the Applicant was in custody for almost 228

days before he was enlarged on bail.

5.    The Appeal has since been admitted. There is nothing

on record to demonstrate that the Applicant has misused

his liberty while he was on bail during the trial. Considering

the short sentence imposed and for which he had already

undergone custody for almost 228 days, I am inclined to

suspend the sentence. Hence, the following order :-

                             ORDER

(i) Interim Application No.1970 of 2023 and Interim Application No.1972 of 2023 are allowed;

(ii) The substantive sentence of imprisonment imposed vide Judgment and order dated 10.05.2023

PMB 29.ia.1970-23.doc

passed by learned Special Judge, Under POCSO Act, 2012, Gr. Bombay in POCSO Special Case No.672 of 2018 is suspended and the Applicant is directed to be released on same bail as in the trial Court with fresh bond;

(iii) Interim Applications stand disposed of accordingly.

(M. S. KARNIK, J.)

Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 18/08/2023 18:13:01