Allowed

Shamsshuddin Kamluddin Chaudhari v. the State of Maharashtra and Anr.

Bombay HC7 Apr 2021IA/570/2021

Case brief

AI extract

What is this about?

The High Court granted bail to an applicant convicted under POCSO and IPC 354, suspending his sentence pending the hearing of his appeal by imposing standard bail conditions including a P.R. bond and reporting obligations.

What did the court decide?

Application allowed. Applicant enlarged on bail on furnishing P.R. bond with sureties, to report once in four months, and keep the court informed of address.

Shamsshuddin Kamluddin Chaudhari Vs the State… — Child Sexual Offences (POCSO) | Bombay HC (2021)

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25-IA-570-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL INTERIM APPLICATION NO. 570 OF 2021 IN CRIMINAL APPEAL NO. 152 OF 2021

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Shamsshuddin Kamluddin Chaudhari ...Applicant Versus The State of Maharashtra & Anr. ...Respondents

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Ms. Saima Ansari h/f Mr. Firoz Ansari for the Applicant

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Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent–State

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CORAM : REVATI MOHITE DERE, J. WEDNESDAY, 7th APRIL 2021

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P.C. :

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1 Learned A.P.P submits that pursuant to the orders dated 1^st April 2021 and 5^th April 2021, the Officer of the concerned Police Station has informed the respondent No. 2 of today’s date. Learned A.P.P has tendered a report dated 7^th April 2021. The same is taken on record. It appears that the respondent No. 2 has requested that an advocate from the Legal Aid Panel be appointed to espouse her cause.

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2 Accordingly, Advocate Ms. Megha Gowlani is appointed to espouse the cause of the respondent No. 2.

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25-IA-570-2021.doc

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3 Learned counsel for the applicant has served a copy of the aforesaid application on the learned appointed advocate. She requests for a keep back, to go through the same. Accordingly, the matter is kept back.

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At Second Call :

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4 Heard learned counsel for the parties.

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5 By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the appeal.

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6 The applicant, vide judgment and order dated 24^th December 2020, passed by the learned Extra Joint Additional Sessions Judge, Pune, in Special Case (POCSO) No. 82 of 2020, has been convicted and sentenced as under:

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for the offence punishable under Section 354 of the Indian Penal Code and under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, to suffer rigorous imprisonment for 3 years and to pay fine of Rs.5,000/-, in default of payment of fine, to undergo simple imprisonment for 3 months.

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25-IA-570-2021.doc

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7 It is not in dispute that the applicant was on bail pending trial and has not misused or abused the liberty granted to him. The applicant has deposited the fine amount as awarded by the trial Court. The appeal has been admitted vide order dated 4^th March 2021. The sentence awarded is a short term sentence and the appeal is not likely to be heard in the immediate near future.

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8 Considering the aforesaid, the application is allowed and the applicant’s sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of his appeal, on the following terms and conditions :

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ORDER

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i) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;

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ii) The applicant shall report to the trial Court, once in four months on the day/date specified by the trial Court, till his appeal is finally disposed of;

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25-IA-570-2021.doc

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iii) The applicant shall keep the trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time;

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iv) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of applicant's bail.

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7 The application is accordingly disposed of.

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8 A copy of this order be forwarded to the High Court Legal Services Committee, for information.

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9 All concerned to act on the authenticated copy of this order.

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REVATI MOHITE DERE, J.

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Shamsshuddin Kamluddin Chaudhari v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shamsshuddin Kamluddin Chaudhari v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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