Samshuddin Salauddin Shaikh vs State Of Maharashtra And Anr
2023 Latest Caselaw 1364 Bom

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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO.4505 OF 2022
                                                           IN
                                             CRIMINAL APPEAL NO.1295 OF 2022
                                                          WITH
                                           INTERIM APPLICATION NO.4506 OF 2022
                                                           IN
                                             CRIMINAL APPEAL NO.1295 OF 2022

                           Samshuddin Salauddin Shaikh                       .... Applicant
                                  versus
                           State of Maharashtra & Anr.                       .... Respondents
                                                              .......
                           •       Mr. D. V. Saroj i/b. Raeesuddin Khan, Advocate for Applicant.
                           •       Smt. M. R. Tidke, APP for State/Respondent No.1.
                           •       Ms. Ruchi Singh, Advocate for Respondent No.2.

                                                      CORAM       : SARANG V. KOTWAL, J.
                                                      DATE        : 08th FEBRUARY, 2023

                           P.C. :


                           1.             This is an application for bail pending final disposal of

                                the Criminal Appeal No.1295 of 2022 preferred by the

                                Applicant. The Applicant was convicted and sentenced by the

                                Special Judge under POCSO, Greater Mumbai, vide his

                                Judgment and Order dated 07/12/2022 passed in POCSO
          Digitally
          signed by


                                Special Case No.14 of 2017.
          MANUSHREE
MANUSHREE V
V         NESARIKAR
NESARIKAR Date:
          2023.02.10
          14:22:09
          +0530




                       Nesarikar
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2.            The Applicant was convicted for commission of offence

     punishable u/s 354 of the Indian Penal Code and was sentenced

     to suffer rigorous imprisonment for one year and to pay a fine of

     Rs.10,000/- and in default of payment of fine to suffer rigorous

     imprisonment of two months.



3.            Heard Mr. D. V. Saroj, learned counsel for the

     Applicant, Ms. Ruchi Singh, learned counsel for the Respondent

     No.2 and Smt. M. R. Tidke, learned APP for the State.



4.            Learned counsel for the Applicant submitted that the

     Applicant was on bail during trial and he has not misused the

     same. Even after his conviction he was granted bail u/s 389 of

     Cr.P.C. He invited my attention to the evidence of the victim who

     is examined as P.W.2. After narrating the incident that the

     offender had touched her cheeks and put his hand on her waist;

     she did not identify the Appellant before the Court. Learned

     counsel therefore submitted that there is no evidence against the

     Appellant.
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5.            Learned counsel for the Respondent No.2 does not

     have objection for granting bail to the Applicant.


6.            Learned APP accepted that the sentence is short.


7.            I have considered these submissions. The Applicant

     does have good case on merits. The sentence imposed is short.

     The Appeal is not likely to be decided within that short period.


8.            Considering this background, the Applicant can be

     granted bail during pendency of his Appeal.


9.            Hence, the following order :

                                   ORDER

(i) During pendency and final disposal of the Criminal Appeal No.1295 of 2022, the Applicant is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one or two sureties in the like amount.

(ii) Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)