Allowed

Manish Babarao Shivankar v. State of Mah. Thr. Pso Ps Jawaharnagar Tah. and Dist.Bhandara

Bombay HC23 Aug 2022APPA/131/2022

Case brief

AI extract

What is this about?

Single judge allowed an application for suspension of substantive sentence awarded under IPC and POCSO Act during the pendency of an appeal. The court relied on undisputed bail conduct and direct suspension by the lower court.

What did the court decide?

Suspension of substantive sentence during appeal; personal bond and surety maintained; order to appellant not to threaten victim.

Manish Babarao Shivankar Vs State of Mah… — Pension and Retirement Benefits | Bombay HC (2022)

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20.appa.131.2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLICATION NO. 131 OF 2022 I N

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CRIMINAL APPEAL NO. 96 OF 2022

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Manish Babarao Shivankar

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Vs.

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State of Maharashtra and Anr.

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's Orders.

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Court's or Judge's orders.

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Shri Rohan Chhabra, Advocate for the appellant Shri M. J. Khan, APP for the State Shri R. R. Prajapati, Advocate for respondent No. 2

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CORAM : G.A. SANAP J. DATE : AUGUST 23, 2022.

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This is an application for suspension of substantive sentence awarded by the learned Special Judge, Bhandara on 29/01/22 in Special (POCSO) Case No. 41 of 2018. The learned Special Judge convicted the appellant for the offences punishable under Sections 354-A(1)(i) and 452 of the Indian Penal Code (For short ‘IPC’) and Section 8 of the Protection of Children From Sexual Offences Act, 2012 (For short ‘POCSO Act’). On both the counts, the appellant has been sentenced to undergo imprisonment for three years. No separate sentence has been awarded under Section 354-A(1)(i) of the IPC. The sentences are ordered to run concurrently.

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20.appa.131.2022.odt

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2] The learned Advocate for the appellant submitted that the fine amount has been deposited. It is stated that during the course of the trial the appellant was on bail. The appellant has not misused the liberty granted to him. The learned Advocate submits that considering the quantum of substantive sentence, the learned Special Judge has suspended the substantive sentence on the date of the Judgment and Order itself. The learned Advocate further submits that the appeal may take its own time to reach the stage of final hearing. He, therefore, prayed that the substantive sentence may be suspended.

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3] I have heard Mr M. J. Khan, learned APP for the State as well as Mr. R. R. Prajapati, learned Advocate for the respondent No.2. It is submitted on behalf of respondent No.2 that considering the seriousness of the crime the appeal be taken up for final hearing.

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4] I have gone through the record and proceedings. Undisputedly, the appellant was on bail during the pendency of the trial. There is no grievance that during the pendency of the trial the appellant misused the liberty. It is undisputed that

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3 20.appa.131.2022.odt

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the learned Special Judge on the date of the judgment itself suspended the substantive sentence. Considering the facts and circumstances, it would be just and proper to grant this application. Accordingly, the application is allowed.

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5] The substantive sentence shall remain suspended during the pendency of the appeal. The personal bond and the surety submitted by the appellant to continue.

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6] The appellant during the pendency of the appeal shall not threaten or pressurize the victim.

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7] The criminal application stands disposed of, accordingly.

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JUDGE

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Namrata

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Signed By:NAMRATA YOGESH DHARKAR P. A. High Court Nagpur Signing Date:24.08.2022 14:01

Manish Babarao Shivankar v. State of Mah. Thr. Pso Ps Jawaharnagar Tah. and Dist.Bhandara

Case brief

What is this about?

What did the court decide?

Manish Babarao Shivankar v. State of Mah. Thr. Pso Ps Jawaharnagar Tah. and Dist.Bhandara

Case brief

What is this about?

What did the court decide?

What the court decided

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