Allowed

Prasad Balasaheb Sakore v. the State of Maharashtra

Bombay HC10 Aug 2017APPA/1020/2017

Case brief

AI extract

What is this about?

The High Court allowed an application by an accused convicted under POCSO and IPC to suspend the execution of his sentence pending the disposal of his appeal on merits, subject to specific bail conditions.

What did the court decide?

Execution of the sentence is suspended till the disposal of the Appeal on merits, subject to furnishing a bail bond and meeting other conditions.

Prasad Balasaheb Sakore Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2017)

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Kavita 904-apea-593-17.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.1020 OF 2017 IN

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CRIMINAL APPEAL NO.593 OF 2017

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Prasad Balasaheb Sakore ...Applicant Versus The State of Maharashtra. ...Respondents

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Mr.Pravin Dabade i/b Mr.V.B.Shivarkar for the Applicant Mr.Rajan Salvi, APP for the State.

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CORAM : SMT. ANUJA PRABHUDESSAI, J.

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DATED: 10^th August, 2017.

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P.C.:-

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Heard the learned Counsel for the Applicant and the learned APP for the State. I have perused the records and considered the submissions.

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The Applicant herein was an accused in Special (POCSO) Case No.35 of 2016. By judgment dated 14^th June, 2017 passed by the Special Judge, Pune, the Applicant/Accused has been held guilty of offence punishable under Section 354 of the Indian Penal Code and Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act, 2012. He has been sentenced to undergo maximum imprisonment of three years and to pay fine of Rs.1,000/-.

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Kavita 904-apea-593-17.doc

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The learned Counsel for the Applicant/Accused undertakes to deposit the fine amount before the Special Court, Pune within 8 days, if the same is not yet deposited. The Applicant was on bail pending trial. There is nothing to indicate that he had violated the terms and conditions of the bail. It is also to be noted that the Applicant/Accused has been sentenced to undergo maximum imprisonment of three years. The appeal is of the year 2017. Considering the large pendency of the cases, the appeal is not likely to come up for final hearing in the next couple of years. Hence, rejection of prayer to suspend the execution of sentence will result in the applicant undergoing the imprisonment even before his appeal is decided on merits. Considering the above facts and circumstances, the application is allowed on following terms.:

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ORDER

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The Application is allowed;

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The execution of sentence in Special (POCSO) Case No.35 of 2017 is suspended till the disposal of the Appeal on merits;

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The applicant shall furnish bail bond of Rs.15,000/-(Rs. Fifteen thousand only) with one surety to the like amount to the satisfaction of the Special (POCSO) Court, Pune;

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Kavita 904-apea-593-17.doc

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The Applicant shall furnish his permanent as well as local address, if any, and shall intimate change of address, if any, to the Investigating Officer, as well as to the concerned Court;

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The Applicant shall not interfere with the victim in any manner.

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(ANUJA PRABHUDESSAI, J.)

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Prasad Balasaheb Sakore v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Prasad Balasaheb Sakore v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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