Single judge allowed the criminal applicant's bail application for suspension of sentence during the pendency of his appeal against a conviction under POCSO Act.
Substantive sentence suspended; applicant released on bail on executing P.R. Bond of Rs.15,000/- and furnishing surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6-APPA-1591-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1591 OF 2016 IN CRIMINAL APPEAL NO.838 OF 2016
RAHUL ASHOK SONAWANE )...APPELLANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.V.R.Garad, Advocate for the Applicant.
Mr.A.R.Kapadnis, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 10th JANUARY 2017.
P.C. :
1 This is an application for suspension of sentence and
releasing the applicant / accused on bail during pendency of the appeal.
2 Heard the learned counsel appearing for the
applicant / accused. He argued that during pendency of the trial,
the applicant was on bail and he has not misused his liberty. He is
avk 1/3
6-APPA-1591-2016.doc
sentenced to suffer rigorous imprisonment for 3 years and considering the short sentence, he deserves to be released on bail. The learned counsel for the applicant / accused further stated that the learned trial court has suspended the sentence and has released the applicant / accused on bail.
4 Perused the impugned judgment and order of conviction and sentence. The applicant / accused was convicted of offence punishable under Section 8 of Protection of Children from Sexual Offences Act (POCSO Act) and he is sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.500/-, in default, to undergo simple imprisonment for 30 days. Though he is convicted of offence punishable under Section 354 of the IPC, no separate sentence was imposed upon him. The applicant / accused was on bail during trial and his sentence is also suspended by the learned trial court. There is no likelihood of the appeal being heard in the near future.
avk 2/3
6-APPA-1591-2016.doc
5 In this view of the matter, the following order :
i) The application is allowed.
ii) Substantive sentence of imprisonment imposed upon
the applicant / accused is suspended and he is directed to be released on bail on executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.
(A. M. BADAR, J.)
avk 3/3
1 issue framed by the court
Whether the applicant should be granted bail pending appeal in a criminal trial where he was previously on bail.
RAHUL ASHOK SONAWANE
THE STATE OF MAHARASHTRA
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
