Aatish Surji Dungarkar vs Union Territory Of Dadra And Nagar ...
2023 Latest Caselaw 5318 Bom

2023:BHC-AS:15261

                                                                                     46-IA-1369-2023.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 1369 OF 2023
                                                        IN
                                         CRIMINAL APPEAL NO. 431 OF 2023

                    Aatish Surji Dungarkar                           ...Applicant/Appellant
                          Versus
                    Union Territory of Dadra and Nagar
                    Havelli And Anr.                                 ...Respondents
                                                     ....
                    Ms. Rashi Sheth a/w Ms. Priya Dubey i/by Mr. Ayush Kedia, Advocate
                    for the Applicant/Appellant.
                    Mr. Shailesh Kantharia, Advocate for Respondent No.2.
                    Mr. H. S. Venegavkar, Special P. P. for Respondent - UOI.
                    Mrs. Anamika Malhotra, APP for the Respondent - State.

                                                             ....

                                            CORAM      :        PRAKASH D. NAIK, J.
                                            DATE       :        8th JUNE, 2023.

                    PER COURT:

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

                    bail during the pendency of appeal challenging the Judgment of

                    conviction.

                    2.        The applicant has been convicted vide Judgment and Order

                    dated 09.02.2023 passed by the learned Special Judge (under

                    POCSO Act), Dadra & Nagar Haveli, Silvassa for offence punishable

                    under Section 376 of Indian Penal Code (for short "IPC") and

                    Section 6 of the Protection of Children from Sexual Offences Act,


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 2012 (for short 'POCSO Act') on both the counts the applicant has

 been sentenced to suffer imprisonment of ten years.                   Both the

 sentences are directed to run concurrently.

 3.        The prosecution case is that the victim and the accused were

 closely acquainted with each other. There was love affair between

 them. Their marriage was fixed. However, before the marriage

 could be solemnized, there was dispute between them which has

 resulted in registration of FIR. Apparently the victim was aged

 around Seventeen and half years at the time of incident.                     It is

 pointed out that, subsequently the victim and the accused got

 married when the victim had attained the age of majority. It seems

 thereafter there were differences between them and both are

 separated from each other.

 4.        From the evidence on record it appears that the victim had

 lodged the FIR at the instance of her parents. Marriage between

 accused and victim was performed. The age of victim is disputed.

 5.        Considering the aforesaid circumstances, case for suspension

 of sentence and grant of bail is made out.

                                     ORDER

i. Interim Application No. 1369 of 2023 is allowed;

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                                                                    46-IA-1369-2023.doc




         ii.        The substantive sentence of imprisonment imposed

vide Judgment and order dated 09.02.2023 passed by the learned Special Judge (under POCSO Act), Dadra & Nagar Haveli, Silvassa in Special (POCSO) Case No.21 of 2019 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

iii. The applicant shall report the concerned Police Station once in six months on first Saturday of the month between 11.00 a.m. to 1.00 noon till final disposal of the appeal;

iv. Interim Application stands disposed of accordingly.

                                             (PRAKASH D. NAIK, J.)




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