Sameer Jaywant Raut vs State Of Maharashtra And Anr
2023 Latest Caselaw 10815 Bom

2023:BHC-AS:31224

                                                                              904-IA1973-2023.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO. 1973 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO. 626 OF 2023

                    Sameer Jaywant Raut                               ...Applicant
                          Versus
                    State of Maharashtra and Anr.                     ...Respondents


                    Mr. Prashant Pandey, Mr. Ashok Dhanukat, Mr.Dinesh
                    Jadhwani, Irfan Unwala, Mr.Ashish Jain, Ms.Sohail Khan i/by
                    W3 Legal LLF, Advocates for Applicant.
                    Ms. Manisha Devkar appointed Advocate for Respondent
                    No.2.
                    Mrs. P. P. Shinde, APP for the Respondent-State.



                                           CORAM   : NITIN B. SURYAWANSHI, J.

                                           DATE    : 18th OCTOBER 2023


                    PC.:

1. This application is fled for suspension of sentence of

fve years imprisonment imposed on the applicant by learned

Special Judge (POCSO), Greater Bombay in POCSO Special

Case No. 465 of 2016, under Section 10 of the Protection of

Children from Sexual Offences Act, 2012.

2. Learned APP has vehemently opposed the application

contending that there are two victims in the crime and on the

basis of evidence led in the trial Court applicant is convicted.

D.A.ETHAPE P.A. .... 1

904-IA1973-2023.doc

3. Prima facie there appears substance in the contention

of learned Advocate for Applicant that there is delay in

lodging FIR and evidence of victims is not properly

appreciated by the trial Court.

4. Appeal is already admitted and the sentence imposed

on the applicant is a short term sentence. In the light of

decision of the Apex Court in Bhagwam Rama Shinde Gosai

And Ors Vs. State Of Gujarat (1999) SCC (Cri.) 553 and as no

exceptional circumstances to refuse suspension of sentence

are made out, application deserves to be allowed. In the

result, application is allowed.

(i) Substantive sentence of imprisonment imposed vide

judgment and order dated 29th May 2023 passed by learned

Special Judge (POCSO), Greater Bombay in POCSO Special

Case No. 465 of 2016 is suspended during the pendency of

Appeal.

(ii) Applicant is directed to be released on bail on his

furnishing PR bond in the sum of Rs. 15,000/- with one

solvent surety in the like amount.

(iii) Applicant shall deposit the fne amount, if not already

deposited.

D.A.ETHAPE P.A. .... 2

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(iv) Applicant shall not contact the prosecution witnesses

and shall attend the trial Court quarterly on frst Monday

until further orders.

(v) Application stands disposed off.

                                (NITIN B. SURYAWANSHI, J.)




 D.A.ETHAPE P.A.                                                     .... 3