Bombay High Court
Chetan Shamrao Aamre vs The State Of Maharashtra And Anr on 3 January, 2023
Bench: S. V. Kotwal
1/5 02-IA-1705-22-IN--APEAL-1121-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1705 OF 2022
IN
CRIMINAL APPEAL NO.1121 OF 2022
Chetan Shamrao Aamre .... Applicant
versus
State of Maharashtra & Anr. .... Respondents
.......
• Mr. Ashwin Pimpale i/b. Mr. Rameshwar N. Gite, Advocate for
Applicant.
• Mr. Ajit M. Savagave (Appointed Advocate) for Respondent No.2.
• Mr. S. R. Agarkar, APP for the State/Respondent No.1.
CORAM : SARANG V. KOTWAL, J.
DATE : 03rd JANUARY, 2023
P.C. :
1. In the order dated 19/12/2022, the operative part
mentions the Criminal Appeal No.1112 of 2022. This is a
typographical error. The correct number is Criminal Appeal
No.1121 of 2022.
2. Correction be made in the order dated 19/12/2022
and the corrected order be uploaded.
Digitally
signed by
MANUSHREE
MANUSHREE V
V NESARIKAR
NESARIKAR Date:
2023.01.04
14:20:03
+0530
(SARANG V. KOTWAL, J.)
Nesarikar
2/5 02-IA-1705-22-IN--APEAL-1121-22.odt
CORRECTED ORDER DATED 19/12/2022 -:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1705 OF 2022
IN
CRIMINAL APPEAL NO.1121 OF 2022
Chetan Shamrao Aamre .... Applicant
versus
State of Maharashtra & Anr. .... Respondents
.......
• Mr. Rameshwar N. Gite, Advocate for Applicant.
• Mr. Ajit M. Savagave (Appointed Advocate) for Respondent No.2.
• Mr. S. R. Agarkar, APP for the State/Respondent No.1.
CORAM : SARANG V. KOTWAL, J.
DATE : 19th DECEMBER, 2022
P.C. :
1. This is an application for bail pending the Applicant's
Criminal Appeal No.1121 of 2022. The Applicant was convicted
and sentenced by the Additional Sessions Judge and Special
Judge (POCSO), vide his Judgment and Order dated
03/01/2022 passed in Sessions Case (POCSO) No.398 of 2018.
3/5 02-IA-1705-22-IN--APEAL-1121-22.odt
The Applicant was convicted for commission of offence
punishable u/s 354, 354-D of the Indian Penal Code and u/s 12
of the Protection of Children from Sexual Offences Act, 2012.
The maximum sentence imposed on him was for 3 years
imprisonment besides imposition of fine.
2. Heard Mr. Rameshwar N. Gite, learned counsel for the
Applicant, Mr. Ajit M. Savagave, learned counsel for the
Respondent No.2 and Mr. S. R. Agarkar, learned APP for the State.
3. Learned counsel for the Applicant submitted that the
sentence is short. The Appeal is not likely to be decided during
that period. The Applicant was on bail during trial and he has
not misused the liberty. He submitted that the incident is dated
04/08/2018 and the FIR was lodged on 07/08/2018. There is
no explanation for such delay. He submitted that on 07/08/2018
a notice u/s 111 of Cr.P.C. was issued in the name of the
Applicant in Chapter Case No.398/2018, which mentions that he
was arrested and released on bail on 07/08/2018. It was
initiated on the complaint of the victim's brother. In that
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complaint there was absolutely no reference to the victim being
harassed by the Applicant. The allegations were that the victim's
brother was threatened and assaulted by the Applicant. The
Applicant was under the influence of liquor. Learned counsel
therefore submitted that after the Applicant's release on bail in
that connection, these serious allegations are made to give a
serious colour.
4. Learned counsel for Respondent No.2 submitted that it
was not an isolated incident which has led to filing of the FIR.
The victim was harassed continuously and the last incident was
on 06/08/2018. He therefore submitted that the Applicant does
not deserve to be released on bail.
5. Learned APP also supported this contention.
6. I have considered these submissions. The incident had
taken place in the year 2018. More than 4 years have passed. In
between there are no allegations that the Applicant has harassed
the victim. There is some force in the submissions of both the
5/5 02-IA-1705-22-IN--APEAL-1121-22.odt
sides. However, these issues will have to be decided at the final
hearing stage. The sentence is short. The Appeal is not likely to
be decided during that period. The Applicant is also young.
Therefore considering all these aspects, he can be granted bail
during pendency of the Appeal.
7. Hence, the following order :
ORDER
(i) During pendency and final disposal of the
Criminal Appeal No.1121 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) The Applicant shall not cause any harassment to
the victim directly or indirectly.
(iii) Interim Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
