This court granted bail to the applicant pending appeal in a case involving offences under the Indian Penal Code and POCSO Act, prohibiting tampering with evidence.
Released on bail on executing bond with Rs. 15,000, directed not to tamper with evidence and to attend court regularly.
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.
1 915- Cri. Application No. 1995 of 2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1995 OF 2021 IN CRIMINAL APPEAL NO. 430 OF 2021
Adesh S/o Suresh Borde, Age : 20 Years, Occ. Labour, R/o. Shankar Nagar, Jalna
..Applicant
VERSUS
The State of Maharashtra, Through Police Inspector, Kadim Jalna Police Station, Jalna.
.. Respondent
Miss. Sunita G. Sonawane, Advocate for the Applicant A.P.P for Respondent-State : Mr. R. B. Bagul
CORAM : SURENDRA P. TAVADE, J. DATE : 21.09.2021
PER COURT :-
This is an application for bail, pending the appeal. The applicant was tried and convicted for the ofences punishable under Section 354, 354(D), 506 of the Indian Penal Code and Section 11(i) r/w Section 12 of Protection of Children From Sexual Ofences Act, 2012 ( in short ‘’POCSO’’ Act). The applicant was sentenced to sufer rigorous imprisonment for two years under Section 354 and 354 (D) of the Indian Penal
2 915- Cri. Application No. 1995 of 2021.odt
Code and section 11(i) r/w Section 12 of POCSO Act. It is contended that applicant was on bail during the pendency of the trial. After his conviction he was released on bail for a period of one month. The said period was expired on 8th September, 2021.
O R D E R
(ii) The applicant is ordered to be released on bail on executing PR and SB of Rs. 15,000/- ( Rupees Fifteen Thousand) with condition that applicant shall not to tamper the evidence of prosecution in any manner, whatsoever.
(iii) He is directed to attend this Court regularly during the pendency of appeal.
Present Criminal Application be disposed of.
( SURENDRA P. TAVADE ) JUDGE
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2 issues framed by the court
Whether the applicant should be released on bail while the appeal is pending despite prior conviction.
What conditions should be imposed on the bail granted to the applicant.
2 provisions across 2 enactments
Adesh S/o Suresh Borde
The State of Maharashtra
Surendra P. Tavade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
