Mainuddin Ahmadali Kazi vs The State Of Maharashtra And Another
2024 Latest Caselaw 22832 Bom

Bombay High Court

Mainuddin Ahmadali Kazi vs The State Of Maharashtra And Another on 6 August, 2024

2024:BHC-AUG:17106




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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                     920 CRIMINAL APPLICATION NO. 1627 OF 2024
                                IN APEAL/367/2024

                                MAINUDDIN AHMADALI KAZI
                                         VERSUS
                         THE STATE OF MAHARASHTRA AND ANOTHER

           Mr.S.S. Bora, Advocate for the applicant.
           Mr.S.M. Ganachari, APP for the respondent-State.
           Ms.Shilpa Aurangabadkar, Advocate (appointed) for respondent No.2.

                                              CORAM       : KISHORE C. SANT, J.
                                              DATE        : 06.08.2024

           PC :-

           01.         This application is for suspension of substantive sentence
           awarded by the Special Judge, Osmanabad by its judgment and order
           dated 16.03.2024 in Special Case No.45 of 2021.        By the impugned
           judgment and order, the applicant is held guilty for the offence
           punishable under section 354-A of the IPC and section 8 of the Protection
           of Children from Sexual Offences Act, 2012.      The maximum sentence
           awarded is three years and to pay fine of Rs.5000/-.        Fine amount is
           already paid. The applicant was on bail during the trial.    Presently, this
           Court is not in a position to take up the matters pertaining to the year
           2024 for final hearing.


           02.         Considering all these factors, this Court is inclined to allow
           the application.


           03.         Hence, following order :-
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                                            ORDER

(i) The application is allowed.

(ii) The substantive sentence awarded to the applicant by the Special Judge, Osmanabad vide judgment and order in Special Case (POCSO) No. 45 of 2021 dated 16.03.2024, is suspended.

(iii) The applicant shall be released on bail on executing PR bond and solvent surety in the sum of Rs.15,000/- (Rupees Fifteen Thousand).

(iv) The applicant shall not try to contact the victim or her relatives or any other witness examined in the trial.

(v) The applicant shall give his contact details, such as, residential address, mobile number etc. to the concerned police station.

(vi) The fees of learned Advocate Ms. Shilpa Aurangabadkar appointed for respondent No.2 is quantified at Rs.3000/- (Rupees Three Thousand Only) to be paid to her by High Court Legal Services Sub-Committee, Aurangabad.

[KISHORE C. SANT, J.] snk/2024/AUG24/cria1627.24