Shridhar Pandurang Kale vs The State Of Maharashtra And Another
2024 Latest Caselaw 23669 Bom

Bombay High Court

Shridhar Pandurang Kale vs The State Of Maharashtra And Another on 12 August, 2024

2024:BHC-AUG:17741




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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD


                      15 CRIMINAL APPLICATION NO. 4471 OF 2023
                                IN APEAL/1169/2023

                                  SHRIDHAR PANDURANG KALE
                                           VERSUS
                           THE STATE OF MAHARASHTRA AND ANOTHER

           Mr.D.S. Ingole, Advocate for the applicant.
           Mr.G.O.Wattamwar, APP for the respondent-State.
           Mr.C.V. Bodkhe h/f. Mr.R.V. Gore, Advocate for respondent No.2.

                                                CORAM    : KISHORE C. SANT, J.
                                                DATE     : 12.08.2024

           PC :-

           01.         This application is filed for suspension of sentence imposed

           by the learned Special Judge (POCSO), Aurangabad in Special Case

           (POCSO) No. 382 of 2021 vide judgment and order dated 01.12.2023.

           The applicant is held guilty of the offence under section 8 of the POCSO

           Act and 354 of the Indian Penal Code and sentenced to suffer rigorous

           imprisonment for three years and to pay fine of Rs. 250/- and to suffer

           rigorous imprisonment for one year and to pay fine of Rs. 100/-

           respectively.   The learned Advocate argued that the sentence is short

           sentence. The appeal is not likely to be heard in near future. He has

           prayed for suspension of sentence.
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02.         The learned APP and learned Advocate for respondent No.2

vehemently opposed the application stating that the offence is serious

one. The applicant is more than 70 years of age and the victim happens

to be only nine years of age at the time of incident. The victim and the

accused are residing in the same vicinity. There is every apprehension of

such incident taking place in near future. In any case, there would be

fear in the mind of victim.



03.         Looking to the fact that the sentence is only three years and

the appeal is not likely to be heard in near future, this Court is inclined to

allow the application on certain conditions. Hence, following order :-



                                   ORDER

(i) The application stands allowed.

(ii) The substantive sentence imposed upon the applicant shall stand suspended during the pendency of appeal.

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

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                    (iv)     The applicant shall not try to contact the victim or any

of the her relatives or family members and witnesses.

(v) The applicant shall attend the concerned police station on 2nd and 4th Sunday of every month between 10.00 a.m. to 12.00 noon.

(vi) In case of breach of any condition, the bail granted shall be liable to be cancelled.

[KISHORE C. SANT, J.] snk/2024/AUG24/cria4471.23