Anilkumar Chandeshwar Das @ ... vs State Of Maharashtra And Anr
2023 Latest Caselaw 5633 Bom

2023:BHC-AS:16046


                                                       1 of 2                         38.IA.950.2023.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO.950 OF 2023
                                                     IN
                                       CRIMINAL APPEAL NO.279 OF 2023

                    Anilkumar Chandeshwar Das @ Tarzan                               Applicant
                                 versus
                    The State of Maharashtra and another                             Respondents

                    Mr.Ganesh Gupta with Jamal A. Khan, Sahil Ghorpade, Sanket
                    Kankate for applicant.
                    Ms.Anamika Malhotra, APP, for State.
                    Mr.Ratnesh M Dube, Advocate for Respondent no.2.

                                               CORAM :     PRAKASH D. NAIK, J.

                                               DATE   :    15th June 2023
                    PC :

                    1.     This is an application for suspension of sentence and grant of
                    bail during pendency of appeal preferred by applicant challenging
                    judgment of conviction.


                    2.     Applicant has been convicted for offence u/s.8 of Protection of
                    Children from Sexual Offences Act, 2012 and sentenced to suffer
                    imprisonment for three years. Applicant was on bail during trial. The
                    sentence of imprisonment was suspended for temporary period
                    u/s.389 of Cr.P.C on the date of conviction.


                    3.     The prosecution case is that the victim and accused were
                    having love affair. The victim girl was eloped with the accused and
                    they were found at Katni, Madhya Pradesh. Statement of victim girl
                    was recorded u/s.164 of Cr.P.C wherein she had stated that she had
                    accompanied the applicant voluntarily.




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                                          2 of 2                      38.IA.950.2023.doc




 4.       Learned advocate for applicant submitted that sentence is of
 short term.           Applicant was on bail during trial.             There are
 discrepancies in evidence.


 5.       Learned APP and learned advocate for respondent no.2
 submitted that victim was minor at the time of incident. She was
 aged around13 years. The consent, if any, is immaterial.


 6.       Considering          the nature of evidence, the          quantum          of
 imprisonment awarded by the Trial Court and the fact that applicant
 was on bail during trial, case for suspension of sentence and grant of
 bail is made out.


                                       ORDER

(i) Interim Application is allowed and disposed off;

(ii) The substantive sentence of imprisonment imposed vide Judgment and Order dated 7th February 2023 in POCSO Special Case No.41 of 2021 by Special Judge under POCSO Act, Greater Mumbai, is suspended, and applicant is directed to be released on same bail as directed by Trial Court with fresh bail bonds.

(PRAKASH D. NAIK, J.) MST