Sagar @ Sandip Mahadeo Nikam vs State Of Maharashtra And Anr
2023 Latest Caselaw 11550 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION NO. 1187 OF 2023
                              IN
                CRIMINAL APPEAL NO.802 OF 2022

Sagar @ Sandip Mahadeo Nikam                   .... Applicant /
                                                  Appellant
      Versus
State of Maharashtra and anr.             .... Respondents
                             .....

Mr. Prashant S. Hagare a/w Mr. Kuldeep Patil for the Applicant.

Mr. Pranav P. Badheka for the Respondent No.2

Mr. A.R. Patil, Addl. P.P. for the Respondent - State.

.....

CORAM : NITIN B. SURYAWANSHI, J

DATED : 8 November 2023

P.C. :

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

of bail during the pendency of the Criminal Appeal preferred by

the applicant challenging the judgment and conviction.

2. Applicant is convicted by the Additional Sessions Judge, at

Baramati in Special POCSO Case No.134 of 2019 for the offence

punishable under Sections 9 and 10 of the Protection of Children

from Sexual Offence Act, 2012 and sentenced to suffer rigorous

imprisonment for seven years and to pay fne of Rs.10,000/- and

in default to suffer rigorous imprisonment for six months.

Vina Khadpe
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3. Heard learned counsel for the Applicant, learned Addl. P.P.

for the Respondent - State and learned counsel for the

Respondent No.2.

4. Perused the record. Admittedly, the sentence imposed on

the applicant is short term sentence. Apart from that out of

seven years of maximum sentence, he has already undergone

more than four years and four months by now. A statement is

made that the fne amount is already deposited in the trial

Court.

5. Learned counsel for the second respondent and learned

Addl. P.P. for the respondent - State have vehemently opposed

the Application on the ground that the applicant has committed

a serious offence and the victim is a minor and residing in the

same village. Therefore, they prayed that the applicant may not

be released on bail.

6. Considering the fact that the applicant has already

undergone four years and four months of imprisonment out of

seven years, and the appeal preferred by the applicant is not

likely to be heard in near future, the applicant deserve to be

released on bail. Hence the following order :-

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed Vina Khadpe 3/3 16-IA-1187-2023.doc

on the applicant vide judgment and order dated 22 December 2021 in Special POCSO Case No.134 of 2019 is suspended during the pendency of the Appeal.

(iii) Applicant - Sagar @ Sandip Mahadeo Nikam be released on bail on executing PR bond in the sum of Rs.25,000/- with one surety in the like amount.

(iv) Applicant shall not in any manner contact the victim or the prosecution witnesses of the present crime.

(v) Applicant shall attend the concerned police station once in a month on frst Sunday between 10.00 am to 12.00 noon.

(vi) Applicant shall furnish residential address proof and and cell number to the concerned police station.

(NITIN B. SURYAWANSHI, J.)

Vina Khadpe

Signed by: Ms Vina A. Khadpe Designation: PS To Honourable Judge Date: 09/11/2023 19:39:09