Abdul Rehman Iqbal Shaikh vs State Of Maharashtra And Anr
2023 Latest Caselaw 11046 Bom

2023:BHC-AS:32048

                                                                          8-APEAL-1146-2023 (CR).doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                                INTERIM APPLICATION NO. 3762 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO. 1146 OF 2023

                    Abdul Rehman Iqbal Shaikh                            ...Appellant
                          Versus
                    State Of Maharashtra And Anr.                        ...Respondents

                    Ms. Anjali Patil, Advocate for the Appellant.
                    Mr. A. R. Patil APP for the Respondent-State.

                                           CORAM       : NITIN B. SURYAWANSHI, J.

                                           DATE        : 25th OCTOBER 2023
                    PC.:

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. Applicant is convicted by learned Special Judge under

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

short "POCSO Act"), Greater Bombay in POCSO Spl. Case

No.501 of 2016, under Section 354 of Indian Penal Code, 1860

and Sections 8 and 10 of POCSO Act and sentenced him to

suffer rigorous imprisonment for fve years and to pay total

fne of Rs.5,000--.

3. Heard learned Advocate for Applicant and learned APP

for Respondent-State.

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

8-APEAL-1146-2023 (CR).doc

4. Perused the record. 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. Hence, following order:-

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed vide

judgment and order dated 1st September 2023 in POCSO Spl.

Case No. 501 of 2016 is suspended during the pendency of

appeal.

(iii) Applicant be released on bail on executing PR bond in

the sum of Rs.15,000-- with one surety in the like amoun.

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

deposited.

(v) Applicant shall not contact the prosecution witnesses

and shall attend the trial Court quarterly on frst Monday

until further orders.

(vi) Applicant shall furnish his present address as well as

permanent address and cellphone number with the

Investigating Offcer.

                                     (NITIN B. SURYAWANSHI, J.)

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