In Criminal Application No. 111/2022, the Nagpur Bench granted bail to the applicant convicted under SC 452 IPC and POCSO. The court suspended the sentence pending the final disposal of the appeal.
Sentence suspended; applicant released on bail with a bond of Rs. 15,000/- and one surety.
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 5apeal77.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR.
CRIMINAL APPEAL NO. 77/2022
(Roshan Anantrao Giri Vs. State of Maharashtra.)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. Y. B. Mandpe, Advocate for applicant.
Mr. V. A. Thakare, APP for respondent/State.
CORAM:- SURENDRA P. TAVADE, J.
DATED :- 11.02.2022
Hearing was conducted through Video
Conferencing and the learned Counsel agreed that the
audio and visual quality was proper.
2.Heard.
3. Admit .
4.Learned APP waives service of notice for
respondent/State.
5.Call for record and proceeding in Special
POCSO Case No. 108/2017 from the Trial Court.
CRIMINAL APPLICATION (APPA) NO. 111/2022
1.Perused application for suspension of
sentence and grant of bail. The applicant was prosecuted
Gohane
2 5apeal77.22.odt
for offence punishable under Sections 354, 452 of the
Indian Penal Code and Section 8 of the Protection of
Children from Sexual Offences Act (‘POCSO). After the
trial, he was convicted for offence punishable under
Section 452 of the Indian Penal Code and sentenced to
suffer rigorous imprisonment for one year with fine of Rs.
500/-, in default, he is directed to suffer simple
imprisonment for seven days. He is also convicted for
offence punishable under Section 354 of the Indian Penal
Code and sentenced to suffer rigorous imprisonment for
the period of one year and to pay fine of Rs. 500/-, in
default, he is directed to suffer simple imprisonment for
seven days. The applicant is acquitted for the offence
punishable under Section 8 of the POCSO Act.
2.It is contended that the applicant was on bail
during the trial, even after conviction, he was on bail for
a period of one month by the Trial Court. It is also
contended that there are no allegation that the applicant
has breached any liberty granted to him during the
pendency of appeal. Hence, learned counsel for the
applicant submits that he be released on bail during the
pendency of appeal. It is also contended that the appeal
may not come up for hearing within short period of time.
Hence, I pass the following order:-
(I)Application stands allowed and disposed of.
Gohane
3 5apeal77.22.odt
(II)The sentence of the applicant is hereby
suspended till the final decision of appeal.
(II)The applicant Roshan Anantrao Giri is
ordered to be released on bail on furnishing P. R. Bond of
Rs. 15,000/- with one surety in the like amount with a
condition to attend the hearing of this appeal regularly.
(SURENDRA P. TAVADE, J)
Digitally signed by JITENDRA JITENDRABHARAT BHARATGOHANEDate: GOHANE 2022.02.11 15:41:03 +0530
Gohane
2 issues framed by the court
Whether the applicant should be released on bail pending appeal after conviction.
Whether the sentence passed against the applicant should be suspended during the pendency of the appeal.
3 provisions across 2 enactments
Roshan Anantrao Giri
State of Maharashtra
SURENDRA P. TAVADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court