Court allowed applications for suspension of sentence and release on bail, finding no misuse of previous bail and suspending the trial court's sentence to facilitate appeal hearing within the limitation period.
Sentence suspended; released on bail of Rs.15,000; conditions to avoid the victim and repeat offences.
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.
(3)APPANo.1292018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.129 OF 2018 IN
CRIMINAL APPEAL NO.71 OF 2018 WITH CRIMINAL APPLICATION NO.130 OF 2018 IN CRIMINAL APPEAL NO.71 OF 2018
Jasbeersingh Mahendrasing Baas ... Applicant V/s. The State of Maharashtra ... Respondent
Ms.Rajlaxmi Punjabi i/b. Mr.Jaspinder Singh Padam, Advocate for the Applicant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 21st FEBRUARY 2018.
P.C. :
1 These are applications for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him, which is already admitted for final hearing.
2 Heard the learned Advocate appearing for the applicant/accused. She argued that the applicant was on bail
Gaikwad RD
(3)APPANo.1292018
during pendency of the trial and even after his conviction the substantive sentence imposed on him has been suspended by the learned trial Court.
3 The learned Additional Public Prosecutor opposed the application.
4 The applicant/accused is convicted for the offences punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 as well as under Section 363 of the Indian Penal Code and he has been sentenced to suffer rigorous imprisonment for three years and one year on each count apart from imposition of some fine and default sentence.
5 Undisputedly, the applicant was on bail during trial and he has not misused his liberty as seen from the record. Short sentence of imprisonment of three years imposed on the applicant/accused has also been suspended by the learned trial Court. In this view of the matter, as the appeal filed by the applicant/accused may not be heard within a period of three years from today, considering the pendency of appeals before this Court, I proceed to pass the following Order :
(i) The applications are allowed.
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(3)APPANo.1292018
(A.M.BADAR J.)
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2 issues framed by the court
Whether applications for suspension of sentence and release on bail during the pendency of criminal appeal should be allowed.
What conditions should be imposed for the release of a convicted child sexual abuse offender on bail.
2 provisions across 2 enactments
Jasbeersingh Mahendrasing Baas
The State of Maharashtra
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
