Bombay High Court
Sheru Akram Khan vs State Of Maharashtra And Anr on 30 June, 2023
Author: Prakash D. Naik
Bench: Prakash D. Naik
2023:BHC-AS:17889
29-IA-1439-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1439 OF 2023
IN
CRIMINAL APPEAL NO. 458 OF 2023
Sheru Akram Khan ...Applicant
Versus
State Of Maharashtra And Anr. ...Respondents
....
Mr. Kamran S. Shaikh, Advocate for the Applicant.
Mr. Shailesh Kantharia, Advocate for Respondent No.2.
Mr. Y. M. Nakhwa, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 30th JUNE, 2023.
PER COURT:
1. The Applicant is seeking suspension of sentence and grant of
bail during the pendency of the appeal preferred by Applicant
challenging the Judgment of conviction dated 20 th February, 2023
passed by learned Special Judge Mangaon, District Raigad.
2. The Applicant has been convicted for an offence under
Sections 354-A(2) of Indian Penal Code (for short 'IPC') and
sentenced to suffer rigorous imprisonment for three years. He is
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE also convicted for an offence under Section 354-D(2) of IPC and
THOTE Date:
2023.07.03
14:53:44 +0530
sentenced to suffer imprisonment for three years and further
convicted for an offence under Section 12 of Protection of Children
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from Sexual Offences Act, 2012 and similar sentence was imposed.
All the sentences were directed to run concurrently.
3. Learned APP and learned Advocate for Respondent No.2
submitted that there is sufficient evidence to convict the Applicant.
4. The Applicant was on bail during the trial. On the date of
conviction the sentence was suspended by trial Court for temporary
period. The suspension was continued on the previous date of
hearing by this Court.
5. Considering the fact that the sentence is of short term and
the grounds urged in appeal, the application can be allowed.
ORDER
i. Criminal Interim Application No.1439 of 2023 is allowed;
ii. The substantive sentence of imprisonment imposed vide Judgment and order dated 20 th February, 2023 passed by learned Special Judge Mangaon, District Raigad is suspended during the pendency of Criminal Appeal No.458 of 2023. The Applicant is directed to be released on same bail as directed by trial Court with fresh bond.
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iii. The Applicant shall report concerned Police Station
once in three months on first Saturday of the month between 11:00 to 1:00 till further order;
iv. Interim Application stands disposed off.
(PRAKASH D. NAIK, J.)
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