Allowed

Shivaji Sarjerao Andhale v. the State of Maharashtra

Bombay HC29 Oct 2018APPA/1776/2018

Case brief

AI extract

What is this about?

In this application, the Bombay High Court suspended the substantive sentence of rigorous imprisonment for three years imposed on an applicant convicted of child sexual offences. The applicant was released on bail upon payment of the entire fine and providing a bond of Rs. 15,000.

What did the court decide?

Substantive sentence of imprisonment suspended on payment of fine; applicant released on bail with personal bond of Rs. 15,000.

Shivaji Sarjerao Andhale Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2018)

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11-APPA-1776-2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.1776 OF 2018 IN CRIMINAL APPEAL NO.1254 OF 2018

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SHIVAJI SARJERAO ANDHALE )...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA )...RESPONDENT

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Mr.Somnath Thengal I/b. Mr.Sachin Dhakephalkar, Advocate for the Applicant.

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Mrs.M.R.Tidke, APP for the Respondent State.

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CORAM : A. M. BADAR, J. DATE : 29^th OCTOBER 2018

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P.C. :

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1 This is an application for suspension of sentence and

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releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused is convicted of the offence punishable under Section 7 of the Protection of Children

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11-APPA-1776-2018.doc

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from Sexual Offences Act, 2012, as well as under Sections 452 and 506 of the Indian Penal Code. Maximum sentence imposed on him is that of rigorous imprisonment for 3 years apart from payment of fine and default sentence.

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2 Heard the learned counsel appearing for the applicant/accused. He argued that the substantive sentence of imprisonment imposed on the applicant/accused is already suspended by the learned trial court. He was on bail during pendency of the trial.

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3 The learned APP opposed the application.

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4 Substantive sentence of rigorous imprisonment for 3 years is imposed on the applicant/accused apart from imposition of fine. The applicant/accused was on bail during pendency of the trial. The appeal filed by him may not be heard within short period of 3 years. Therefore, the order :

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11-APPA-1776-2018.doc

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ORDER

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i) On payment of entire amount of fine, substantive sentence of imprisonment imposed on the applicant/accused is suspended and he is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/ and on furnishing surety in like amount.

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ii) As a condition of this order, the applicant/accused should not repeat commission of similar offence in future.

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iii) The applicant/accused shall not contact the minor female victim of the crime in question or her relatives in any manner.

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iv) The application is disposed off accordingly.

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(A. M. BADAR, J.)

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Shivaji Sarjerao Andhale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shivaji Sarjerao Andhale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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