Allowed

Nitin Mahadeo Dixit v. the State of Maharashtra and Anr.

Bombay HC6 Mar 2019APPA/305/2019

Case brief

AI extract

What is this about?

High Court allowed application for suspension of sentence and release on bail. Court held that since sentence is short and accused was on bail during trial without misuse, appeal unlikely to complete in three years. Released on P.R. bond and security with strict conditions not to contact victim or repeat offences.

What did the court decide?

Sentence suspended; applicant released on P.R. bond of Rs.15,000/- and surety in like amount with conditions not to contact victim or repeat offences.

Nitin Mahadeo Dixit Vs the State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2019)

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7-APPA-305-2019.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.305 OF 2019 IN CRIMINAL APPEAL NO.324 OF 2019

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NITIN MAHADEO DIXIT )...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA AND ANR. )...RESPONDENTS

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Mr.Preet Jethwa i/b. Mr.P.D.Purway, Advocate for the Applicant.

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Mr.S.V.Gavand, APP for the Respondent - State.

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CORAM : A. M. BADAR, J. DATE : 6^th MARCH 2019

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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.

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avk 1/3

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7-APPA-305-2019.doc

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2 Heard the learned counsel appearing for the applicant/accused. He argued that short sentence of imprisonment imposed on the applicant/accused has already been suspended by the learned trial court. The applicant/accused was on bail during pendency of the trial and he has not misused his liberty.

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3 The learned APP has opposed the application.

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4 Short sentence of imprisonment imposed on the

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applicant/accused has already been suspended by the learned trial court in exercise of powers under Section 389(3) of the Code of Criminal Procedure. The applicant/accused was on bail during pendency of the trial. He has not misused his liberty. His appeal is not likely to be heard within a period of three years. Maximum sentence of imprisonment awarded on the applicant/accused is that of three years upon his conviction for offences punishable under Sections 452, 354B and 506 of the Indian Penal Code as well as under Sections 11 and 12 of the Protection of Children

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avk 2/3

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7-APPA-305-2019.doc

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from Sexual Offences, Act. In this view of the matter, the following order :

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ORDER

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i) The application is allowed.

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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.

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iii) The applicant/accused should not repeat commission of similar offence in future.

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iv) The applicant/accused should not contact the victim female child and her relatives as well as the prosecution witnesses.

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v) The application is disposed off.

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(A. M. BADAR, J.)

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avk 3/3

Nitin Mahadeo Dixit v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Nitin Mahadeo Dixit v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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