Bombay High Court
Hiralal Lakhan Mandal vs State Of Maharashtra And Anr on 30 October, 2023
Bench: Nitin B. Suryawanshi
2023:BHC-AS:32750
12. IA 1020-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1020 OF 2023
(for suspension of sentence)
WITH
INTERIM APPLICATION NO.1019 OF 2023
(for bail)
IN
CRIMINAL APPEAL NO.460 OF 2023
Hiralal Lakhan Mandal ... Applicant
Versus
The State of Maharashtra
And Another ... Respondents
***
R.U. Jha i/b R.U. Jha & Associates for the Applicant.
Misbaah Solkar 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 Special Judge under POCSO Act, at
Gr. Mumbai in POCSO Spl. Case No.66 of 2017 under Section 235
(2) of the Code of Criminal Procedure, 1973 for the offence under
Chittewan 1/3
12. IA 1020-23.doc
Section 9(m), punishable under Section 10 of the Prevention of
Children from Sexual Offences Act, 2012 and sentenced to suffer
rigorous imprisonment for five years and to pay fine of Rs.5,000/-.
3 Heard learned Counsel for the Applicant and Misbaah Solkar
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. Applicant is in jail from the date
of judgment, i.e. 9 November 2022 and earlier it is informed that he
has been in custody for three months before trial. 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 Gujrat 1, the Applicant
deserves to be released on bail. Hence, the following Order :
(i) Interim Applications are allowed.
(ii) Substantive sentence of imprisonment imposed vide
judgment and order dated 9 th November 2022 in
POCSO Spl. Case No.66 of 2017 is suspended during
1(1999) SCC (Cri.) 553
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12. IA 1020-23.doc
the pendency of the Appeal.
(iii) Applicant - Hiralal Lakhan Mandal be released on
bail on executing PR bond in the sum of Rs.25,000/-
with one or two sureties in the like amount.
(iv) Applicant-Hiralal Lakhan Mandal shall attend the
concerned Police Station trice in a month on first,
second and third 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 12:49:44
