Bombay High Court
Roshan S/O. Rajesh Pawar vs State Of Mah. Thr. Pso, Ps- Badnera Tah. ... on 5 February, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:1418
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 111 OF 2024
IN
CRIMINAL APPEAL NO. 35 OF 2023
Roshan S/o. Rajesh Pawar
Vs.
State of Maharashtra and another
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mrs. Meena Hiwase, Advocate for applicant.
Shri Neeraj Jawade, APP for non-applicant no. 1/State.
Ms. F. N. Haidari, Advocate (appointed) for non-applicant no. 2.
CORAM :- M. W. CHANDWANI, J.
DATED :- 05.02.2024
Heard.
2. By the present application, the applicant is
seeking suspension of the substantive sentence and
prayed for releasing him on bail pending the appeal. The
applicant has been convicted for the offence punishable
under Section 376(2)(i) and Section 506(2) of the Indian
Penal Code as well as under Sections 4 to 6 of the
Protection of Children form Sexual Offences (POCSO)
Act,2012.
3. The applicant is sentenced to suffer rigorous
imprisonment for 10 years for the offence punishable
under Section 6 of the POCSO Act and to pay a fine of
₹5,000/-. The applicant was further directed to suffer5,000/-. The applicant was further directed to suffer
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2 25-apeal-35-23.odt
rigorous imprisonment of 3 years for the offence
punishable under Section 506(2) of the IPC and to pay
fine of ₹5,000/-. The applicant was further directed to suffer2,000/-. No separate sentence was awarded as
far as Section 376 of the IPC and Section 4 of the POCSO
Act.
4. At the outset, it is to be mentioned here that
the present application for suspension of sentence in the
appeal is not made on merit. Rather, the Court has
already shown its disinclination to suspend the sentence,
and accordingly earlier application came to be
withdrawn. However, the present application is made
solely on the ground that the applicant is suffering from
oral cancer i.e. Buccal Mucosa and the disease is at Stage-
IV, which is a life threatening disease. The applicant is
unable to even eat properly and consequently even
chemotherapy cannot be given during the treatment in
jail. The applicant has filed the documents to support his
contention.
5. Perusal of the discharge card of the Regional
Referral Services Hospital, Amravati, where he was
admitted for the treatment of oral cancer called Buccal
Mucosa shows that the said disease is at advanced stage
i.e. Stage-IV. The learned APP for the State though
oppose the application but, has confirmed about the
disease and its stage. Considering the gravity of the
disease and the fact that it is in advanced stage, which in
most of the cases is proved to be fatal. A case is made out
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for suspension of substantive sentence and grant of bail,
purely on medical grounds. Hence, I proceed to pass the
following order:-
i) The application is allowed.
ii) During the pendency of the appeal, the
substantive sentence awarded to the applicant vide
judgment and order dated 28.11.2022 passed by the
learned Additional Sessions Judge, Amravati in Spl.
POCSO Case No. 105/2017 shall remain suspended.
iii) The applicant be released on bail on he
executing a PR bond of ₹5,000/-. The applicant was further directed to suffer15,000/- (Rs. Fifteen Thousand)
with one solvent surety in the like amount.
iv) The applicant shall appear before this Court
at the time of final hearing of the appeal.
v) The fees of learned counsel appointed to
represent the non-applicant no. 2 shall quantify as per
rules.
The Registry is directed to process the appeal
as per rules.
(M. W. CHANDWANI, J.)
Signed by: Mr. Rajnesh Jaiswal
RRToJaiswal
Designation: PA Honourable Judge
Date: 05/02/2024 19:19:59
