Abdul Husain Shaikh vs State Of Maharashtra And Anr
2023 Latest Caselaw 8393 Bom

Darshan Patil                              902.apeal.882-23.doc


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CRIMINAL APPELLATE JURISDICTION

           CRIMINAL APPEAL NO.882 OF 2023
                        WITH
         INTERIM APPLICATION NO.2863 OF 2023

Abdul Husain Shaikh                   ..Appellant/Applicant
      VS.
The State of Maharashtra and anr.     ..Respondents
                         ------------
Mr. Amit Icham i/b Pratik Kalantri for the Appellant/
Applicant.
Ms. P. N. Dabholkar, APP for the State.
                         ------------

                       CORAM : M. S. KARNIK, J.

                       DATE    : AUGUST 18, 2023
P.C. :

1.     Admit.

2. Call for record and proceedings.

3. The Interim Application No. 2863 OF 2023 is for

suspension of sentence. The sentence awarded is rigorous

imprisonment for three years and a fine of Rs.1000/- for the

offences punishable under Section 354A of the Indian Penal

Code and Sections 8 and 12 of the Protection of Children

from Sexual Offences Act, 2012. The fine has been paid. It

is submitted by the learned counsel for the applicant that

Darshan Patil 902.apeal.882-23.doc

the applicant has already undergone half of the sentence

awarded. There is nothing on record to indicate that the

appellant has misued the liberty while he was on bail during

trial. Considering the length of the sentence and the period

already spent in custody, the application deserves to be

allowed.

4. In this view of the matter, till disposal of the appeal,

the substantive sentence imposed vide Judgment and order

dated 18/07/2023 passed by learned Special Judge

(POCSO) and Additional Sessions Judge, in Special Case

(POCSO) No. 26/2022 is suspended and the applicant is

directed to be released on same bail as in the trial Court

with fresh bond.

5. Issue notice to respondent No.2 in Criminal Appeal No.

882 of 2023, returnable on 07/09/2023.

6. The Investigating Officer to inform the victim/

respondent No.2 about the next date of the hearing.

(M. S. KARNIK, J.)

Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 18/08/2023 18:32:41