Wasim Safiulla Ansari @ Guddu vs State Of Maharashtra And Anr
2023 Latest Caselaw 11857 Bom

Bombay High Court

Wasim Safiulla Ansari @ Guddu vs State Of Maharashtra And Anr on 29 November, 2023

Author: Nitin B. Suryawanshi

Bench: Nitin B. Suryawanshi

2023:BHC-AS:35313




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                                                                                  7-Ia-115-2023.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                           INTERIM APPLICATION NO.115 OF 2023
                                           IN
                             CRIMINAL APPEAL NO. 19 OF 2023


           Wasim Safiulla Ansari @ Guddu                               ...Applicant
                          Vs.
           State Of Maharashtra & Anr.                                 ...Respondents


           Mr. Gyanprakash Pal a/w Mr. Pranot Pawar i/b Maharashtra Law
           Juris for Applicant.
           Mr. A. R. Patil, APP for Respondent No.1-State.
           None for Respondent No.2.



                                  CORAM          :   NITIN B. SURYAWANSHI, J.

                                    DATED        :   29TH NOVEMBER 2023


           P. C. :

1. This is an application for suspension of sentence and

grant of bail during the pendency of Criminal Appeal preferred by

applicant challenging the judgment of conviction.

2. The Applicant is convicted under Section 10 of the

Protection of Children from Sexual Offences Act, 2012 (for short

"POCSO Act") in POCSO Special Case No. 37 of 2014, by the

Special Judge under POCSO Act, Mumbai, and is sentenced to

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7-Ia-115-2023.doc suffer rigorous imprisonment for five years and to pay fine of

Rs.10,000/-.

3. Learned APP while opposing the application submits

that there is sufficient evidence on record to sustain conviction of

applicant.

4. Sentence imposed on applicant is a short term

sentence, in the wake of decision in the case of Bhagwan Rama

Shinde Gosai and Ors. Vs. State of Gujarat (1999) SCC (Cri.) 553

and considering the fact that no exceptional grounds are made

out to reject the bail and since appeal is not likely to be heard for

final hearing in near future, application deserves to be allowed.

5. In the result, the following order :-

            (i)     Application is allowed.

            (ii)    Substantive sentence of imprisonment imposed vide

judgment and order dated 2nd December, 2022,

passed by Special Judge under POCSO Act, Mumbai in

Special Case (POCSO) No. 37 of 2014, is suspended

during the pendency of the Appeal.

(iii) Applicant be released on executing personal bond of

Rs.25,000/- with one or more sureties in the like

amount.

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7-Ia-115-2023.doc

(iv) At present applicant be released on cash bail of

Rs.25,000/-. Surety shall be furnished within eight

weeks from the date of release.

(v) Applicant shall attend concerned police station once in

a month on every first Sunday between 10 am to 12

noon.

(vi) Applicant shall not indulge in any unlawful and

criminal activity.

(vii) Applicant shall furnish his current address and cell

phone number to the concerned police station.

(viii) Fine amount to be paid, if already not paid, within

eight weeks.

                                                       [NITIN B. SURYAWANSHI, J.]




CHAITANYA by CHAITANYA

ASHOK     Date:
JADHAV    2023.11.29
           17:33:04 +0530




       Chaitanya