Allowed

Ujeet Gangal Mandal v. the State of Maharashtra and Anr.

Bombay HC7 Mar 2019APPA/346/2019

Case brief

AI extract

What is this about?

The High Court of Bombay allowed an application for interim bail by suspending the applicant's substantive sentence for offences under IPC 354, IPC 509, and POCSO Section 10. The court directed release on personal bond of Rs. 15,000 subject to strict conditions.

What did the court decide?

Substantive sentence suspended; applicant directed to be released on bail on personal bond of Rs. 15,000 with conditions not to contact victim and not to repeat offences.

Ujeet Gangal Mandal Vs the State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2019)

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4.APPA.346.19.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.346 OF 2019 IN CRIMINAL APPEAL NO.330 OF 2019

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Mr. Ujeet Gangai Mandal

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… Applicant

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V/s.

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The State of Maharashtra & Anr.

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... Respondents

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Mr. Vinit Randive a/w. Kunal V. Phoole, 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.

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DATED : 7^th MARCH 2019

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P.C. :

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Heard by consent of parties.

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By this application, the applicant/accused is seeking release

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on bail by suspending the sentence imposed on him by the learned trial Court. He is convicted of the offences punishable under

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Sections 354 and 509 of the Indian Penal Code as well as under

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Section 10 of the Protection of Children from Sexual Offences Act,

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Aarti Palkar

4.APPA.346.19.doc

2012 (hereinafter referred to as the POCSO Act for the sake of brevity. Different sentences are imposed on different counts, highest amongst them being that of rigorous imprisonment for five years for the offence punishable under Section 10 of the POCSO Act. The learned trial Court has directed that substantive sentences shall run concurrently.

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Heard the learned counsel appearing for the applicant/accused as well as the learned Additional Public Prosecutor for the Respondent/State.

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Perusal of evidence of the victim female child so also that of the Investigating Officer shows that there are material improvement in version of the victim female child. The applicant/accused was on bail during pendency of the trial and he has not misused his liberty. Short sentence of imprisonment is imposed on the applicant/accused, and therefore, the order:

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ORDER

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(i) The application is allowed.

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(ii) The substantive sentence of imprisonment imposed on the

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Aarti Palkar

4.APPA.346.19.doc

applicant/accused is suspended and he is directed to be released on bail on his executing P. R. Bond of Rs.15,000/and on furnishing surety in the like amount.

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(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.

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(iv) The application is disposed of accordingly.

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(A.M.BADAR J.)

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Aarti Palkar

Ujeet Gangal Mandal v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Ujeet Gangal Mandal 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

Case details

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