Steny Francis Pareira vs State Of Maharashtra And Anr
2023 Latest Caselaw 5080 Bom

2023:BHC-AS:14908


                           Ethape                   1                        49-IA-1058-2023.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 1058 OF 2023
                                                     IN
                                      CRIMINAL APPEAL NO. 681 OF 2022

                    Steny Francis Pareira                        ...Applicant/Appellant
                          Versus
                    State Of Maharashtra And Anr.                ...Respondent

                                                     ....
                    Mr. Aniket Vagal a/w Kunal Pednekar with Divesh Mehani Advocate
                    for the Applicant/Appellant.
                    Mr. Yeshpal Thakur Advocate for Respondent No.2.
                    Ms. Anamika Malhotra, APP for the Respondent - State.

                                                        ....

                                                    CORAM :      PRAKASH D. NAIK, J.

                                                    DATE     :   6th JUNE 2023
                    PC :


                    1.     This is an application for suspension of sentence and grant of

                    bail during the pendency of Criminal Appeal preferred by the

                    applicant challenging the judgment of conviction.

                    2.     The applicant/appellant has been convicted vide judgment and

                    order dated 13th May 2022 for offence punishable under Section

                    376(AB) of Indian Penal Code and Section 5 (m) read with Section 6

                    of the Protection of Children from Sexual Offences Act, 2012. He has

                    been sentenced to suffer imprisonment of 10 years.

                    3.     Learned Advocate for the Applicant/Appellant submitted that




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          Ethape                     2                     49-IA-1058-2023.doc


 the alleged act cannot be determined as aggravated penetrative

 sexual assault. At the most it can be termed as aggravated sexual

 assault as defined under Section 9 and punishable under Section 10

 of the POCSO Act. The version of the victim does not indicate that

 the accused had subjected her to penetrative sexual assault. The

 applicant is in custody from 16th July 2018.

 4.       Learned APP and learned Advocate for Respondent No.2

 submitted that, the victim's version clearly indicate that there was

 penetrative sexual assault. The victim was aged around 5 years. The

 medical evidence supports the charge levelled against the applicant.

 5.       The questions urged by both sides will have to be determined

 finally while adjudicating the appeal on appreciating the evidence on

 record. Prima facie on the basis of the version of the victim and the

 medical evidence, no case is made out for suspension of sentence

 and grant of bail.

 6.       Learned Advocate for the applicant at this stage submitted

 that, considering the fact that the applicant is in custody for

 substantial period, liberty may be granted to the applicant to prefer

 fresh application for bail in the event the appeal is not heard

 expeditiously.

                               ORDER

(i) Interim Application No. 1058 of 2023 is rejected.

          Ethape                     3                      49-IA-1058-2023.doc


 (ii)     Hearing of Appeal is expedited.

 (iii)    In the event, the appeal is not heard for a period of one year,

the applicant will be at liberty to prefer fresh application for

suspension of sentence.

(iv) Interim Application stands disposed off.

(PRAKASH D. NAIK, J.)