Charudatta Ravindra Borole vs State Of Maharashtra And Anr
2023 Latest Caselaw 11555 Bom

2023:BHC-AS:34375

                                                                          5. ia 1476-23.DOC.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO.1476 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO.464 OF 2023

             Charudatta Ravindra Borole
             Age : 35 Years, occ. Teacher
             R/o. C-304, Sangam Complex,
             Chickenghar, Kalyan (West), Dist.Thane
             at present Mumbai Central Prison       ...           Applicant/Appellant
                         Versus
             1. State of Maharashtra
             (Copy to be served on G.P. of
             High Court Bench at Aurangabad)

             2. XYZ
             Age 33 years.
             Through Sion Police Station
             C.R. No.49 of 2016                            ...    Respondents
                                            ***
             Mr. Rohit P. Patwardhan for the Applicant/Appellant.

             Mr. A.R. Patil, APP for Respondent No.1-State.

             Ms. Manisha A. Devkar for Respondent No.2.
                                           ***
                             CORAM : NITIN B. SURYAWANSHI, J.

DATE : 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 is challenging the judgment and order of conviction.

             Chittewan                                                                     1/3
                                                                      5. ia 1476-23.DOC.doc




2           Applicant is convicted by       Special Judge, under POCSO Act,

Mumbai in POCSO SPECIAL CASE NO.224 OF 2016 under Section

235 (2) of of the Code of Criminal Procedure, 1973, in Crime

No.49/2016, registered by Sion Police Station, Mumbai, for the

offence punishable u/s 10 of the Protection of Children from Sexual

Offences Act, 2012 and sentenced to suffer rigorous imprisonment for

five years and to pay fine of Rs.3,000/-.

3 Application is vehemently opposed by learned APP for

Respondent No.1-State and Ms. Manisha Devkar for Respondent No.2.

4 Perused the record. Sentence imposed upon Applicant is a

short term sentence and the appeal preferred by the

Applicant/Appellant is not likely to be heard in the near future. It is

stated at Bar by learned Counsel for Applicant/Appellant that

Appellant's services are already terminated. In that view of the

matter, the apprehension of 2nd Respondent that he may harass the

victims, who are four in number, is not well founded. No exceptional

circumstances are there on record to deny relief to the Applicant. In

the light of decision of the Apex Court in the case of Bhagwan

Chittewan 2/3

5. ia 1476-23.DOC.doc

Rama Shinde Gosai and Ors. Vs. State of Gujrat 1, the Applicant

deserves to be released on bail. Hence, the following Order :

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed vide judgment and order dated 14 th February 2023 in POCSO Special Case No.224 of 2016 is suspended during the pendency of the Appeal.

(iii) Applicant-Charudatta Ravindra Borole be released on bail on executing PR bond in the sum of Rs.15,000/- with one surety in the like amount.

(iv) Applicant-Charudatta Ravindra Borole shall attend the concerned Police Station twice in a month on 1 st Sunday between 10.00 to 12.00 noon., until further orders.

(v) Applicant shall furnish his permanent address as well as present address to the concerned police station along with copy of his Aadhar Card and Cell number/s.

                                                                        (NITIN B. SURYAWANSHI, J.)



                        1(1999) SCC (Cri.) 553

                        Chittewan                                                                        3/3
Signed by: Rajesh Chittewan
Designation: PA To Honourable Judge
Date: 09/11/2023 17:24:53