Criminal application filed by applicant convicted under IPC 354D, 363, 511 and POCSO Act 12 for suspension of sentence and release on bail during pending appeal.
Application allowed; substantive sentence suspended; applicant released on bail on Rs.15,000 P.R.Bond and surety with conditions not to repeat offence or contact victim/relatives.
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.
12-APPA-1814-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1814 OF 2018 IN CRIMINAL APPEAL NO.1293 OF 2018
NIKHIL SUBHASH SHIRODKAR )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.N.B.Patil, Advocate for the Applicant.
Mr.P.H.GaikwadPatil, APP for the Respondent State.
CORAM : A. M. BADAR, J. DATE : 29th OCTOBER 2018
P.C. :
1 This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused is convicted of offences punishable under Section 354D and 363 read with 511 of the Indian Penal Code, as well as under Section 12 of the
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12-APPA-1814-2018.doc
Protection of Children from Sexual Offences Act, 2012, by the learned trial court. He is sentenced to suffer rigorous imprisonment for 2 years apart from imposition of fine of Rs.3,000/, on each count.
2 Heard the learned counsel appearing for the applicant/accused. He argued that the applicant/accused was on bail throughout and he has not misused his liberty. He was released on bail by the learned trial court even after his conviction.
3 The learned APP opposed the application.
4 Short sentence of imprisonment of 2 years imposed on
the applicant/accused is suspended by the learned trial court. He was on bail during pendency of the trial. The appeal filed by him may not be heard within the short period of 2 years, and therefore, the applicant/accused deserves to be released on bail. Hence, the order :
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12-APPA-1814-2018.doc
ORDER
i) The application is allowed.
ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused 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.
iii) The applicant/accused should not repeat commission of similar offence in future.
iv) The applicant/accused should not contact the minor victim of the crime in question and her relatives in any manner.
v) The application is disposed of.
(A. M. BADAR, J.)
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2 issues framed by the court
Whether the applicant convicted of offences under IPC 354D, 363, 511 and POCSO Act 12 ought to be released on bail during pendency of appeal by suspending sentence.
What conditions should be imposed on the bail granted to the applicant suspended of sentence.
2 provisions across 2 enactments
Nikhil Subhash Shirodkar
The State of Maharashtra
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
