Afaak Gul Mohammad Shaikh @ Afaak ... vs The State Of Maharashtra And Anr
2023 Latest Caselaw 5593 Bom

2023:BHC-AS:15742

                 D.A.Ethape                                                   8-IA-1868-67-2023.doc

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 1868 OF 2023
                                                  WITH
                                   INTERIM APPLICATION NO. 1867 OF 2023
                                                    IN
                                     CRIMINAL APPEAL NO. 584 OF 2023

            Afaak Gul Mohammad Shaikh @
            Afaak Mohammed Gul Mohammed Shaikh                        ...Applicant
                  Versus
            The State Of Maharashtra And Anr.                         ...Respondents

                                                       ....
            None for Appellant.
            Mrs. Anamika Malhotra, APP for the Respondent - State.
                                                       ....

                                                     CORAM : PRAKASH D.NAIK, J.
                                                       DATE :    14th JUNE, 2023.

            P.C.:-

            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 has been convicted for an offence punishable under

            Section 354(D) of Indian Penal Code and sentenced to suffer simple

            imprisonment for two months. The applicant has been acquitted for offence

            under Sections 354(a), 506 of IPC and Section 12 of Protection of Children

            from Sexual Offences Act.               The applicant was on bail during the trial.


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   D.A.Ethape                                               8-IA-1868-67-2023.doc

Considering the term of imprisonment, the sentence is required to be

suspended.

                                   ORDER

(i) Interim Application Nos. 1868 and 1867 of 2023 are allowed.

(ii) The substantive sentence of imprisonment imposed vide judgment

and order dated 23rd March 2023 passed by learned Special Judge under

POCSO Act, Greater Bombay in POCSO Special Case No.251 of 2016 is

suspended and the applicant is directed to be released on bail on the same

bail as in the trial Court with fresh bail bond.

(iii) Both the applications are disposed off.

(PRAKASH D. NAIK, J.)