Citation : 2024 Latest Caselaw 1292 Bom
Judgement Date : 18 January, 2024
024:BHC-AS:2
Diksha Rane 2. IA 4363-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4363/2023
IN
CRIMINAL APPEAL NO.1304/2023
SANJEEV SHISHUPAL KUMAR ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
------------
None for the applicant
Smt. S. D. Shinde, APP for the State.
------------
CORAM : M. S. KARNIK, J.
DATE : JANUARY 18, 2024.
P.C. :
1. None for the applicant.
2. Learned APP for the State opposed the application.
3. With the assistance of learned APP for the State, I have
perused the judgment and order of the trial Court convicting
the applicant for the offence punishable under Section 8 of
the Protection of Children from Sexual Offences Act, 2012
("POCSO", for short) and thereby sentencing him to undergo
rigorous imprisonment for three years and to pay fine of
Rs.2000/-. The applicant was on bail during the trial. There
is nothing on record to indicate that the applicant had
Diksha Rane 2. IA 4363-23.doc
misused his liberty while on bail.
4. The applicant was in custody from 10/6/2020 to
16/6/2020. In the facts and circumstances of the present
case, since the appeal which has been admitted, is not likely
to be heard soon, I am inclined to suspend the sentence
imposed by the trial Court considering the same being a
short one. Accordingly, the sentence is suspended.
5. The applicant be enlarged on bail, on executing PR
Bond in the sum of Rs.15,000/- with one or more sureties in
the like amount.
6. The applicant shall report to the trial Court once in six
months, every first Monday of the concerned month,
commencing from February, 2024.
7. If the fine amount is not paid, the same shall be paid
within a period of two weeks from today.
8. The application is disposed of.
(M. S. KARNIK, J.)
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