Single judge allowed bail application filed by convicts in Special POCSO case. Court suspended jail sentence during appeal pendency, ordered release on bail with monetary security, and directed monthly police presence.
Suspended jail sentence, granted bail on Rs. 20,000 security, directed police presence every three months.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO.95/2019 Jugal Vilas Madavi and anr
..vs.. State of Mah., thr. P.S.Ghatanji, Taluka Ghatanji, District Yavatmal and anr
............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders
Shri S.I.Ghatte, Counsel for the appellants.
CORAM : V.M.DESHPANDE, J. DATED : FEBRUARY 12, 2019.
Heard learned counsel Shri S.I.Ghatte for the appellants. ADMIT . Learned Additional Public Prosecutor Mrs.S.V.Kolhe waives service on behalf of the State.
Criminal Application (APPA) No.143/2019
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and 354-A read with Section 34 of the Indian Penal Code and directed to suffer jail imprisonment for various durations and longest duration is of 2 years.
ORDER
(i) The criminal application is allowed.
(ii) The substantive jail sentence imposed upon the applicants on 14.1.2019 by learned 3rd Additional Sessions Judge, Yavatmal in Special (POCSO) Case No.46/2017 shall remain suspended during the pendency of the present appeal.
(iii) Applicants-Jugal Vilas Madavi and Sunil Ashok Chavde be released on bail on they executing P.R.Bond in the sum of Rs.20,000/- with one solvent surety of the like amount.
(iv) Both the applicants are directed to mark their presence at Police Station Ghatanji, Taluka Ghatanji, District Yavatmal once in three months and shall maintain the diary showing their presence at the police station.
(v) The applicants shall remain personally present before this
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Court at the time of final hearing of the present appeal.
(vi) With this, the criminal application stands allowed and disposed of accordingly.
JUDGE
!! BRW !!
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2 issues framed by the court
Whether the conviction holders for suspended sentences under POCSO are entitled to bail during pendency of appeal under Section 37(3) of POCSO Act.
Whether the condition of surrendering to police every three months can be imposed while suspending jail sentence.
1 provisions across 1 enactments
Jugal Vilas Madavi
Sunil Ashok Chavde
State of Mah. thr. P.S.Ghatanji
V.M.Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
