Allowed an application for suspension of sentence and release on bail during the pendency of an appeal against conviction for offences under Sections 354 and 354-D of IPC and POCSO Act.
Substantive sentence suspended; applicant released on bail on P.R. Bond of Rs.15,000 and furnishing surety in like amount.
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.
5.APPA.316.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.316 OF 2019 IN CRIMINAL APPEAL NO.333 OF 2019
Ajay Bhagirathi Verma
… Applicant
V/s.
The State of Maharashtra & Anr.
... Respondents
Mr. Sachin K. Pandey, Advocate for the Appellant.
Mr. S.V. Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR, J. DATED : 7th MARCH 2019
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. He is convicted of the offences punishable under Sections 354 and 354-D of the Indian Penal Code as well as under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. Different sentences are imposed on the applicant/accused by the learned trial Court. The highest sentence
Aarti Palkar
5.APPA.316.19.doc
imposed on the applicant/accused is that of rigorous imprisonment for three years. The learned trial Court has directed that all substantive sentences shall run concurrently.
2. Heard the learned counsel appearing for the applicant/accused. He argued that the learned trial Court has already suspended the sentence imposed on the applicant/accused. The learned Additional Public Prosecutor opposed the application.
3. Short sentence of imprisonment is imposed on the applicant/accused is stated to be suspended by the learned trial Court. The appeal filed by him may not be heard within a short span of three years. Therefore, the order:
ORDER
(i) The application is allowed.
(ii)The 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 of Rs.15,000/-
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5.APPA.316.19.doc
and on furnishing surety in the like amount.
(iii) As a condition of this order, the applicant/accused should not contact the victim female child or her relatives in any manner and he should not repeat commission of similar offences in future.
(iv) The application is disposed of accordingly.
(A.M.BADAR J.)
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1 issue framed by the court
Whether the application for suspension of sentence and release on bail during pendency of appeal should be allowed.
Ajay Bhagirathi Verma
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
