Asif Mohammad Shaikh v. State of Maharashtra and Anr.
Case brief
What is this about?
Bombay High Court interim order allowing suspension of sentence and bail in an appeal against conviction under Section 377 IPC arising from POCSO Special Case No. 647 of 2015 (10 years' imprisonment with fine). Prima facie finding that absence of injury on the victim (save a wrist abrasion) supported the Appellant's reasonable chance of success on appeal. Sentence suspended till decision of Criminal Appeal No. 1198 of 2024; bail on PR bond of Rs. 15,000 with one surety; no-contact condition vis-a-vis the victim and family; observations expressly prima facie and non-binding at final hearing. Single judge: R. M. Joshi, J. Keywords: suspension of sentence, bail, Section 377 IPC, unnatural sex, medical evidence, abrasion on wrist, prima facie, reasonable chance of success.
What did the court decide?
Suspension of the substantive sentence (10 years' imprisonment with fine imposed by judgment dated 3rd October 2024 in POCSO Special Case No. 647 of 2015) till the decision of the Appeal; Appellant enlarged on bail on furnishing a PR Bond of Rs. 15,000/- with one surety in the like amount; condition that the Appellant shall not contact the victim or his family members in any manner whatsoever.