Allowed

Atul @ Amol Shrawan Kalambe v. the State of Maharashtra, Thr. Pso, Saoner Police Station, Dist. Nagpur and Another

Bombay HC3 Feb 2022APPA/95/2022

Case brief

AI extract

What is this about?

In Criminal Appeal No. 59/2022, the High Court of Nagpur granted suspension of sentence and bail to the appellant, convicted under POCSO Act Section 12 and IPC Section 354-D, noting no breach of bail and absence of allegations during the pendency of proceedings.

What did the court decide?

Sentence suspended till appeal decision; applicant released on executing PR bond of Rs. 15,000 with one surety to attend appeal hearings regularly.

Atul @ Amol Shrawan Kalambe Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2022)

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10apeal59.22.odt

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

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CRIMINAL APPEAL NO. 59/2022

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(Atul @ Amol Shrawan Kalambe Vs. State of Maharashtra & anr.)

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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

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Mr. A. Raghute, Advocate for appellant.
Mr. S. D. Sirpurkar, APP for respondent/State.

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CORAM:- SURENDRA P. TAVADE, J.

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DATED :- 03.02.2022

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Hearing was conducted through Video
Conferencing and the learned Counsel agreed that the
audio and visual quality was proper.

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2. Heard.

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3. Admit .

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4.Learned APP waives service of notice for
respondent/State.

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5.Call for record and proceeding in Spl.
POCSO Case No. 76/2020.

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6.The appellant is directed to add victim as a
party/respondent. On amendment, issue notice to newly
added respondent. The Investigating Officer is directed
to intimate the victim regarding filing of this appeal.

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Gohane

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2 10apeal59.22.odt

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CRIMINAL APPLICATION (APPA) NO. 95/2022

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1.This is an application for suspension of
sentence and bail. The applicant was held guilty for
offence punishable under Section 12 of the Protection of
Children from Sexual Offence Act and sentenced to suffer
rigorous imprisonment for three years and to pay fine of
Rs. 1,000/-, in default, he is directed to suffer simple
imprisonment for 15 days. The applicant is also held
guilty for offence punishable under Section 354-D of the
Indian Penal Code.

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2.It is contended that during the pendency of
trial, the applicant was on bail. Similarly, he was also
released on bail after conviction. It is contended that the
applicant never committed any breach of the bail order.
It is contended that the applicant will attend hearing of
this appeal regularly.

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3.Heard learned counsel for the applicant and
learned APP on behalf of State. On perusal of the
judgment of the Trial Court, it appears that the applicant
was on bail during the pendency of trial. There are no
allegation of abused of liberty granted to him, even after
conviction, he was released on bail for a period of one
month. The appeal may not come up for hearing within
short period, hence I pass following order:-

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Gohane

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10apeal59.22.odt

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(I)Application stands allowed and disposed of.

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(II)The sentence imposed upon the applicant is
hereby suspended till the decision of this appeal.

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(III)The applicant be released on executing P.R.
Bond of Rs. 15,000/- with one surety in the like amount
with a direction to attend hearing of the appeal regularly
without fail.

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 (SURENDRA P. TAVADE, J)

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Digitally signed by JITENDRA JITENDRA BHARATGOHANE BHARAT Date: GOHANE 2022.02.04 17:02:49 +0530

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Gohane

Atul @ Amol Shrawan Kalambe v. the State of Maharashtra, Thr. Pso, Saoner Police Station, Dist. Nagpur and Another

Case brief

What is this about?

What did the court decide?

Atul @ Amol Shrawan Kalambe v. the State of Maharashtra, Thr. Pso, Saoner Police Station, Dist. Nagpur and Another

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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