Bombay High Court
Ritik S/O Kailash Mohile vs State Of Mha. Thr. Pso Ps Jaripatka ... on 27 February, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
1 16-APPA-35-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 35 OF 2023
IN
CRIMINAL APPEAL NO.19 OF 2023.
RITIK S/O KAILASH MOHILE
Vrs.
STATE OF MAHARASHTRA AND ANOTHER
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri A. C. Jaltare, Advocate for applicant.
Shri S. S. Doifode, A. P. P. for respondent No.1.
CORAM: VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATE : 27/02/2023.
1. Heard.
2. This is an application seeking to suspend
execution of sentence passed in Special (POCSO) Case
No.601/2020, whereby the applicant was convicted for
the offences punishable under Sections 376-DA, 376(3)
and 506 read with Section 34 of the Indian Penal Code
and under Section 5(g) read with Section 6 of the
Protection of Children from Sexual Offences Act, 2012
(POCSO Act) vide Judgment and order dated
09/04/2022.
3. It is applicant's case that the Trial Court erred
in appreciating the evidence, which resulted into
recording finding of guilt. Particularly, applicant would
submit that all three co-accused have similarly applied for
2 16-APPA-35-23.odt
suspension and bail vide Criminal Application (APPA)
No.520/2022 in Criminal Appeal No.421/2022. This
Court has considered prima facie material and the role of
co-accused on which found that it is a fit case to suspend
the execution of sentence and accordingly, directed to
release them on bail vide order dated 16/12/2022.
4. With the assistance of both sides, we have
gone through the evidence of prosecutrix recorded on
08/11/2021. There appears to be a common allegation
against three persons including the applicant. Out of
them, two are already released on bail. We could not find
any distinguishing and aggravating role of present
applicant.
5. Learned APP has fairly conceded that the
allegations against all of them are one and the same. In
view of that, we find no reason to deviate from the view
expressed by this Court.
6. In the circumstances, application is allowed.
7. Execution of substantive sentence passed in
Special (POCSO) Case No.601/2020 is suspended till
disposal of appeal.
8. The applicant shall be released on bail on the
same terms and conditions as imposed by the Trial Court
while releasing the co-accused in pursuance of order of
this Court dated 16/12/2022.
3 16-APPA-35-23.odt
9. The application stands disposed of
accordingly.
[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.]
Choulwar
VITHAL Digitally signed by VITHAL
MAROTRAO CHOULWAR
MAROTRAO Date: 2023.02.27 18:47:15
CHOULWAR +0530
