Bombay High Court
Chandrakant Balkrishna Kokare vs State Of Maharashtra And Anr on 19 August, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:33407
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1271 OF 2023
IN
CRIMINAL APPEAL NO.401 OF 2023
Chandrakant Balkrishna Kokare .....Applicant
Versus
The State of Maharashtra
and another .... Respondents
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Mr.Mohit Dalvi, Advocate i/b. Rakesh Bhatkar for the
Applicant.
Smt. Sangita D. Shinde, APP for the Respondent-State.
Ms. Meghna Gowalani, Advocate (appointed) for the
Respondent No.2.
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CORAM : SARANG V. KOTWAL, J.
DATE : 19th AUGUST, 2024
P.C. :
1. This is an Application for bail pending Appeal.
2. The Applicant was the original accused No.2 in
Special Case No.4/2022 before the Additional Sessions
Judge, Ratnagiri. The learned Judge vide the judgment and
order dated 10.3.2023, convicted the Applicant for
commission of the offence punishable under Section 17 of
the Protection of Children From Sexual Offences Act, 2012
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Deshmane(PS)
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(for short, 'POCSO Act') and under Section 109 of IPC. He
was sentenced to suffer SI for three years and to pay fine of
Rs.3,000/- and in default to suffer SI for three months.
3. Heard Mr.Mohit Dalvi, learned counsel for the
Applicant, Smt. Sangita Shinde, learned APP for the
Respondent-State and Ms. Meghna Gowalani, learned
appointed counsel for the Respondent No.2.
4. The prosecution case is that there are three
victims in this case. All of them were 15 years of age. They
were school going girls. Some boys were following them on
their motorcycle, before the main incident, which had taken
place in February, 2022. On the date of incident, two of
those boys came in a rickshaw. One of the boys held hands
of one of the victims and tried to pull her in the rickshaw.
The people gathered there and taking advantage of this, the
two boys went away in that rickshaw. The allegations
against the Applicant are that he was the rickshaw driver
who had helped the accused to escape from the scene.
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5. Learned counsel for the Applicant submitted that
the Applicant was not directly responsible in this offence. He
is roped in on the basis of suspicion. The sentence imposed
on the Applicant is three years and the Appeal is not likely to
be decided during that period.
6. Learned APP as well as learned counsel for the
Respondent No.2 opposed these submissions. According to
them, the Applicant had helped the main accused to escape
and, therefore, the offence under Section 17 of POCSO Act
and under Section 109 of IPC are proved against them.
7. I have considered these submissions. The merits
of the matter will have to be decided at the final hearing
stage. Learned counsel for the Applicant submitted that after
his conviction, he was granted bail under Section 389 of
Cr.P.C. by the learned trial Judge. He was on bail during trial
and he has not misused that liberty.
8. Considering this situation and since the Appeal is
not likely to be decided within a period of three years, I am
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inclined to grant bail to the Applicant on certain conditions.
Hence, the following order:
ORDER
(i) During pendency and final disposal of Criminal Appeal
No.401/2023, the Applicant is directed to be released
on bail on his executing P.R. bond in the sum of
Rs.30,000/- (Rupees Thirty Thousand Only) with one
or two sureties in the like amount.
(ii) The Applicant shall not cause any harassment to any of
the victims or their families.
(iii) Interim Application is disposed of accordingly.
(SARANG V. KOTWAL, J.)
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