Bombay High Court
Abrar Noor Mohammad Khan vs State Of Maharashtra And Anr on 16 January, 2023
Bench: S. V. Kotwal
1/5 01-IA-3943-22-IN-APEAL-1150-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3943 OF 2022
IN
CRIMINAL APPEAL NO.1150 OF 2022
Abrar Noor Mohammad Khan .... Applicant
versus
The State of Maharashtra & Anr. .... Respondents
.......
• Mr. Sachin Chandan, Advocate for Applicant.
• Mr. S. R. Agarkar, APP for the State/Respondent No.1.
CORAM : SARANG V. KOTWAL, J.
DATE : 16th JANUARY, 2023
P.C. :
1. This matter is placed for Speaking to the Minutes of
order dated 12/01/2023. In the operative part of the said order
in clause (v), it is mentioned as 'Stand over to 14/02/2023' and
clause (vi) mentions 'The Application is disposed of'. The last
clause obviously is a typographical error. Learned counsel for
Digitally
signed by
Applicant also accepts this fact.
MANUSHREE
MANUSHREE V
V NESARIKAR
NESARIKAR Date:
2023.01.17
13:29:45
+0530
2. In this matter, the notice was issued to the Respondent
Nesarikar
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No.2 returnable on 14/02/2023. Therefore, the last clause, i.e.
clause (vi) in the operative part, to be deleted and the matter be
listed to 14/02/2023.
3. The corrected order be uploaded.
(SARANG V. KOTWAL, J.)
CORRECTED ORDER DATED 12/01/2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3943 OF 2022
IN
CRIMINAL APPEAL NO. 1150 OF 2022
Abrar Noor Mohammad Khan
..Applicant.
Versus
The State of Maharashtra & Anr.
..Respondents
__________
Mr. Sachin Chandan for Applicant.
Mr. S. R. Agarkar, APP for State/Respondent No.1.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 12 JANUARY 2023
3/5 01-IA-3943-22-IN-APEAL-1150-22.odt
PC :
1. The applicant was convicted and sentenced by learned
Special Judge, Dindoshi, Mumbai vide his Judgment and order
dated 20/10/2022 passed in POCSO Special Case No.106 of 2016.
The applicant was convicted for commission of offence punishable
U/s.354 of the I.P.C. and U/s.12 of the Protection of Children from
Sexual Offences Act (for short 'POCSO Act'). The major sentence
imposed on him was for one year and six months; besides
imposition of fine. He was acquitted from the offence punishable
U/s.354-D, 504 and 506 Part-I of the I.P.C.
2. The prosecution case is that the applicant was following
and harassing the victim who was about 15 year of age. On the
date of incident i.e. on 14/07/2015, when the victim was
returning from her school, the applicant stood in the way, pulled
her towards himself and uttered the words which outraged her
modesty. The victim immediately dialed 100 number from her
mobile and the police reached the spot. At that time, the applicant
had ran away. She lodged her F.I.R. The investigation was carried
out and the applicant was arrested.
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3. Learned counsel for the Applicant submitted that the
evidence of the victim does not inspire confidence. The sentence is
excessive. The applicant was not caught on the spot. No test
identification parade was conducted. The applicant was on bail
during trial and he has not committed any offence. Even after his
conviction he was granted bail for a temporary period U/s.389 of
the Cr.p.c.
4. Since this case is under the POCSO Act, it is necessary to
hear the victim/Respondent No.2 before passing final order in this
bail application.
5. Hence, the following order:
ORDER
i) Issue notice to the Respondent No.2, returnable
on 14/02/2023.
ii) During pendency and final disposal of Criminal
Appeal No.1150 of 2022, till the next date, the
Applicant is directed to be released on bail on his
furnishing P. R. bond in the sum of Rs.30000/-
with one or two sureties in the like amount.
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iii) This order shall operate till 14/02/2023.
iv) The I.O. shall inform the Respondent No.2 about
pendency of this application and the next date of
listing. He shall make a statement to that effect
before the Court on the next occasion.
v) Stand over to 14/02/2023.
(SARANG V. KOTWAL, J.)
