Mohammad Nurul Mukhtar Shaikh vs State Of Maharashtra
2023 Latest Caselaw 5460 Bom

2023:BHC-AS:15629


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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1113 OF 2023
                                                    IN
                                      CRIMINAL APPEAL NO.345 OF 2023

                    Mohammad Nurul Mukhtar Shaikh                                  Applicant
                                 versus
                    The State of Maharashtra                                       Respondent

                    Mr.Husen Shaikh, Advocate for Applicant.
                    Mr.Shailesh Kharat, Advocate for Respondent no.2.
                    Ms.Anamika Malhotra, APP, for State.

                                               CORAM :      PRAKASH D. NAIK, J.

                                               DATE   :     12th June 2023
                    PC :


                    1.     Applicant has been convicted for offence u/s.342 of IPC and
                    sentenced to suffer imprisonment for one year and pay fine of
                    Rs.500/-. He is also convicted u/s.354-A of IPC and sentenced to
                    suffer imprisonment for two years and pay fine of Rs.500/-. He is
                    further convicted for the offence u/s.8 of Protection of Children from
                    Sexual Offences Act, 2012 and sentenced to suffer imprisonment for
                    three years and pay fine of Rs.500/-.
                    2.     Applicant was on bail during trial.            The sentence was
                    suspended by Trial Court on the date of conviction. Relief granted by
                    Trial Court has been continued by this Court till appeal is heard vide
                    order dated 29th March 2023.
                    3.     Learned counsel for applicant submits that there are
                    contradictions and serious infirmities in the evidence.
                    4.     Learned APP and learned advocate for respondent no.2
                    submitted that applicant has been attributed specific role and




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 thereby committed alleged offence.          Considering the fact that
 applicant was on bail during trial, suspension of sentence by Trial
 Court, grounds urged in appeal and also considering the fact that
 sentence is of short term, the relief sought in this application can be
 granted.
                                  ORDER

(i) Interim Application is allowed and disposed off;

(ii) The substantive sentence imposed vide judgment and order dated 7th February 2023 in POCSO Special Case No.22 of 2013 by Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, is suspended till final disposal of Criminal Appeal on same bail with fresh bonds.

(PRAKASH D. NAIK, J.) MST