Bombay High Court
Saifu Sayyad Shaikh vs State Of Maharashtra And Anr on 9 October, 2023
Bench: Bharati Dangre
2023:BHC-AS:29961
(10)IA-2317-2023.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2317 OF 2023
IN
CRIMINAL APPEAL NO.728 OF 2023
Saifu Sayyed Shaikh ] .. Applicant
vs.
State of Maharashtra & Anr. ] .. Respondents
Mr.Ashish Pawaskar, for the Applicant.
Mr.Y.M. Nakhwa, APP for the State.
Mr.Shashank Mangle for Respondent No.2.
Mr.Nayamat Ramzan Kalekar, Respondent No.2 present.
API Shinde, Ratnagiri City Police Station present.
CORAM : BHARATI DANGRE, J
DATE : 9th October, 2023.
P.C.
1] By the Interim Application filed by the Appellant, whose Appeal is
admitted, he seek suspension of sentence of conviction and his release
on bail, in the wake of the Judgment delivered by the Additional
Sessions Judge on 18.05.2022 in Special Case No.7/2019.
2] Heard the learned counsel for the Applicant as well as the
learned counsel for Respondent No.2.
1/4
::: Uploaded on - 10/10/2023 ::: Downloaded on - 11/10/2023 03:30:24 :::
(10)IA-2317-2023.doc
The Applicant was tried for committing an offence punishable
under Section 376(3) of the IPC alongwith Section 5(j)(ii) read with 6 of
the POCSO Act.
It is the case of the prosecution that the complainant who had a
daughter whose age was given as 15 years 1 month and who was
studying in 10th Standard, was found to have conceived. When taken in
confidence, she disclosed that she had physical relationship with her
friend and she disclosed the name of one person. But at the
subsequent point of time, before CWC, she disclosed the name of the
present Applicant. She had conceived out of the relationship and the
DNA sampling was done in order to establish the parentage. Since it
matched with that of the Applicant he was made to face the trial.
3] Finding that the victim was minor, the Applicant is convicted for
committing an offence under Section 376(3) of the IPC read with
Section 4 and 5(j)(ii) read with Section 6 of the POCSO Act and is
sentenced to suffer R.I. for 20 years and to pay fine of Rs.10,000/- and
I.d. to suffer S.I. for 6 months.
The impugned Judgment on being challenged through the Appeal
has been admitted for adjudication.
In the Application, the Applicant makes a specific statement,
which reads thus :
The most important thing regarding the Parties is that the
Complainant and her husband had been to the family of the
Appellant with proposal of marriage of the Appellant and the
victim, while the case was nearly at the closing stages i.e. in
November 2022. The Appellant and the victim were married to
each other on 20.11.2022 and the same was registered on
26.11.2022, the Marriage was solemnized at Shahuwadi
2/4
::: Uploaded on - 10/10/2023 ::: Downloaded on - 11/10/2023 03:30:24 :::
(10)IA-2317-2023.doc
Kolhapur, and now they have as small kid named Samayra Saifu
Shaikh. That both the Appellant and the victim are of young age
and the responsibility of the victim and their daughter and the
family is on the Appellant now.
4] The victim is present in the Court alongwith her child and she
affirmed her marriage with the Applicant, which was solemnized on
20.11.2022.
In the wake of aforesaid, since now the marriage is solemnized
between the victim and the Appellant, though he may take
consequences of the sentence imposed upon him vide impugned
Judgment, I find it harsh to deny him suspension of sentence, taking
into account that the child is born out of the wedlock, as on attaining
majority the marriage was performed while he was on bail during the
trial.
Subject to the stipulations, that the Applicant shall take care of
the victim as well as their child, I am inclined to release him on bail,
with a clear understanding that, if he fails to discharge his duty as
father and husband, the victim will be entitled to seek cancellation of
bail by moving application during the pending Appeal.
In the wake of above, following order is passed :
ORDER
a] Interim Application is allowed.
b] The conviction imposed upon the Applicant vide the
impugned Judgment dated 18.05.2023 in Sessions Case
No.07/2019, is hereby suspended during the pendency of
the Appeal.
c] The Applicant Saifu Sayyed Shaikh shall be released
on bail in connection with C.R.No.383 of 2018 (SC
(10)IA-2317-2023.doc
No.7/2019) registered with Ratnagiri City Police Station, on
furnishing P.R. bond to the extent of Rs.25,000/- with one or
two sureties of the like amount.
(d) The applicant shall report to the Sr. PI of concerned
Police Station alongwith the victim once on first Monday of
every trimester between 10.00 a.m. to 12.00 noon.
Sr. PI of the concerned Police Station shall ascertain
from the victim about the behaviour of the Applicant and if
she makes any complaint, to the effect that he is not
catering to her daughter as well as herself, then he shall
assist her in approaching this court for cancellation of bail.
(e) Upon release, the Applicants shall furnish his contact
number and permanent residential address to the
Investigating Officer and shall keep him updated in case of
any change.
[BHARATI DANGRE, J]
