Bombay High Court
Santosh Uttamrao Pawar (Pol) vs The State Of Maharashtra And Anr on 11 January, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3289 OF 2022
IN
CRIMINAL APPEAL NO.974 OF 2022
Santosh Uttamrao Pawar .... Applicant
versus
State of Maharashtra & Anr. .... Respondents
.......
• Mr. Sandip L. Babar, Advocate for Applicant.
• Mr. S. R. Agarkar, APP for the State/Respondent No.1.
• Mr. Amresh B. Sharma (Appointed) Advocate for Respondent
No.2.
CORAM : SARANG V. KOTWAL, J.
DATE : 11th JANUARY, 2023
P.C. :
1. This is an application for bail pending final disposal of
the Criminal Appeal No.974 of 2022 preferred by the Applicant
challenging the Judgment and Order dated 12/09/2022 passed
by the Extra Joint Additional Sessions Judge, Karad in Special
Digitally
signed by
MANUSHREE
Case No.14/2021. The Applicant was convicted for commission
MANUSHREE V
V NESARIKAR
NESARIKAR Date:
2023.01.13
of offence punishable u/s 354, 354(D) of the Indian Penal Code
11:35:24
+0530
Nesarikar
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and u/s 12 of the Protection of Children from Sexual Offences,
Act, 2012. He was sentenced to suffer rigorous imprisonment for
one year as the major punishment besides imposition of fine.
2. Heard Mr. Sandip L. Babar, learned counsel for the
Applicant, Mr. Amresh B. Sharma, learned counsel for
Respondent No.2 and Mr. S. R. Agarkar, learned APP for the
State.
3. The prosecution case is that, the victim was about 17
years of age at the time of incident dated 08/01/2022.
According to her, the Applicant followed her on his two wheeler
when the victim and her friends were walking towards her
college. He suddenly caught her hand and told her that he liked
her. Then he left her. The victim told this incident to her brother
and on this basis the FIR was lodged.
4. Learned counsel for the Applicant submitted that he
was on bail during trial and he has not misused that liberty.
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Even after his conviction he was granted bail for a temporary
period by the Trial Court. He submitted that the identity of the
Applicant at the time of incident is in serious dispute as the
victim has admitted in the cross-examination that he was
wearing a mask. He submitted that therefore bail should be
granted to the Applicant.
5. Learned APP and learned counsel for the Respondent
No.2 opposed this application. They submitted that the victim's
friend who is examined as P.W.2 was an eyewitness and she has
stated in her cross-examination that the Applicant had pulled his
mask towards his neck and thus his identity is established.
6. I have considered these submissions. The rival
contentions of both the parties can be decided at the final
hearing stage. The Appeal is not likely to be decided within a
period of one year which is the maximum sentence imposed on
him. The Applicant was on bail during trial. There are no
allegations of misuse of that liberty. Considering all these
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aspects, the Applicant can be granted bail pending his Appeal for
final disposal.
7. Hence, the following order :
ORDER
(i) During pendency and final disposal of the
Criminal Appeal No.974 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.)
