Sagar Khushal Mahajan vs The State Of Maharashtra
2023 Latest Caselaw 2617 Bom

                                     1                       931appln306.23



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

               931 CRIMINAL APPLICATION NO.306 OF 2023
                          IN APEAL/49/2023
                                WITH
                           APEAL/49/2023

Sagar Khushal Mahajan.                                    ...Applicant

           VERSUS

1. The State of Maharashtra

2. XYZ.                                               ...Respondents

                                    ...
               Advocate for Applicant : Mr.Pande Dipesh D.
                APP for Respondent-State : Mr.N.T.Bhagat
     Advocate for Respondent No. 2-Informant : Mrs.Jayashree Nawale
                               (appointed)
                                    ...


                                    CORAM : R. G. AVACHAT, J.

                                    DATE   : 17.03.2023.

PER COURT :


1.              Heard.



2.              The     applicant   has been   convicted     for the       offence

punishable under Section 8 of the Protection of Children from Sexual

Offences Act, 2012 and sentenced to suffer maximum term of

imprisonment of 5 years. The applicant is 24 years of age. True, the

victim was 11 years of age at the relevant time. Considering it to be a

short term sentence and the appeal is not likely to come up for




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hearing by its turn in near future the applicant is being released on

bail. In view of the same, the application is granted in terms of

following order :

                                     ORDER

(a)      The application is allowed.

(b)      Pending the appeal, the execution of the substantive sentence

of imprisonment imposed upon the applicant by the learned

Additional Sessions Judge-2, Amalner, in Special Case (POCSO) No.

40 of 2020, by the judgment and order dated 06.01.2023 to stand

suspended and the applicant be released on bail on his executing

P.R. bond of in the sum of Rs. 15,000/- (Rs. Fifteen Thousand Only)

with one surety in the like amount on conditions that :-

(i) The applicant shall appear before the investigating officer, as and when required for the investigating purpose.

(ii) The applicant shall not tamper with the prosecution

evidence.

3. The fees of the learned Advocate for the informant

respondent No. 2 be quantified for Rs. 6,000/- (Rs. Six Thousand

Only), by the High Court Legal Services, Sub Committee,

Aurangabad.

( R. G. AVACHAT ) JUDGE

mahajansb/