Arvind Waman Gholap vs State Of Maharashtra And Anr
2023 Latest Caselaw 11120 Bom

2023:BHC-AS:32759

                                                                                 18. IA 2543-23.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO.2543 OF 2023
                                                IN
                                  CRIMINAL APPEAL NO.794 OF 2023

             Arvind Waman Gholap                                  ...        Applicant
                        Versus
             The State of Maharashtra
             And Another                                          ...        Respondents
                                            ***
             Ms. Shubhangi Parulekar for the Applicant.

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

             Mr. Mandar Soman for Respondent No.2.
                                         ***
                            CORAM : NITIN B. SURYAWANSHI, J.

DATE : 30 OCTOBER 2023 P.C.

. This is an application for suspension of sentence and grant of

bail during the pendency of the Criminal Appeal preferred by the

Applicants challenging the judgment and conviction.

2 Applicant is convicted by the Additional Sessions Judge, at

Pune in Spl. Case No.783 of 2021 under Section 235 (2) of the Code

of Criminal Procedure, 1973 for the offence punishable under Section

7, punishable under Section 8 of the Prevention of Children from

Sexual Offences Act, 2012 and sentenced to suffer rigorous

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18. IA 2543-23.doc

imprisonment for three years and to pay fine of Rs.5,000/-.

3 Heard learned Counsel for the Applicant, learned APP for

Respondent No.1-State and Mr. Mandar Soman for Respondent No.2.

4 Perused the record. Admittedly, the sentence is a short term

sentence and the appeal preferred by the Applicant/Appellant is not

likely to be heard in near future. Till now, applicant has undergone

substantive sentence. 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 Rama Shinde Gosai and Ors. Vs.

State of Gujrat1, 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 29th April 2023 in Spl. Case No.783 of 2021 is suspended during the pendency of the Appeal.

(iii) Applicant - Arvind Waman Gholap be released on

1(1999) SCC (Cri.) 553

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bail on executing PR bond in the sum of Rs.15,000/- each with one surety in the like amount.

(iv) Applicant-Arvind Waman Gholap shall attend the concerned Police Station once in a month on first 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 trial Court along with copies of his Aadhar Card and Cell number/s.

(NITIN B. SURYAWANSHI, J.)

Chittewan 3/3 Signed by: Rajesh Chittewan Designation: PA To Honourable Judge Date: 31/10/2023 13:13:58