Bombay High Court
Ganesh Shivaji Karad vs The State Of Maharashtra And Another on 27 May, 2022
Author: S.G.Dige
Bench: S.G. Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1764 OF 2022
IN
CRIMINAL APPEAL NO. 407 OF 2022
GANESH SHIVAJI KARAD
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr.I.D. Maniyar, advocate for the applicant
Mr.N.T. Bhagat, APP for the respondent/State.
...
CORAM : S.G. DIGE, J.
(Vacation Court)
DATE : 27th MAY, 2022
PER COURT :-
. Heard learned counsel for the parties.
2. The learned counsel for the applicant-
accused submits that the applicant-accused has
been convicted by the learned Additional Sessions
Judge, Ambajogai under Section 354(A) of the
Indian Penal Code and under sections 7 and 8 of
the Protection of Children from Sexual Offences
Act, 2012. He was on bail during the trial, hence
requested to allow the application and applicant-
accused be released on bail.
3. The learned counsel further submitted
that learned Additional Sessions Judge had
wrongly appreciated the evidence and convicted
the applicant-accused. It appears from evidence
that applicant-accused is not guilty. Applicant-
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accused has deposited the fine amount before the
trial Court.
4. The learned A.P.P. objected for
granting bail to the applicant-accused.
5. The applicant-accused has been
convicted under section 354(A) of the Indian
Penal Code by the learned trial Court and has
sentenced to suffer rigorous imprisonment for one
year and to pay a fine of Rs.5,000/-, in default,
to suffer rigorous imprisonment for one month.
The applicant-accused has been also convicted
under sections 7 and 8 of the Protection of
Children from Sexual Offences Act, 2012 and has
been sentenced to suffer rigorous imprisonment
for three years and to pay fine of Rs.5,000/-, in
default, to suffer rigorous imprisonment for one
month. The applicant was released on bail through
out the trial and there is nothing in the
impugned judgment suggesting that he has misused
the liberty. The sentence that has been awarded
is short term sentence.
6. By taking into consideration all above
aspect, it appears that the short term sentence
has been awarded. Further when the appeal is
admitted, it will take its own time to come up
for hearing. He has deposited the fine amount.
Hence, the conviction awarded to the applicant
deserves to be suspended till the conclusion of
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the appeal. Hence, I pass the following order :-
ORDER
(i) Criminal Application stands allowed.
(ii) The conviction awarded to the applicant-appellant in Special (POCSO) Case No.20/2016 by learned Additional Sessions Judge, Ambajogai on 29.04.2022 is hereby suspended till the hearing and conclusion of Criminal Appeal No.407 of 2022.
(iii) The applicant-accused shall be released on bail on executing P.B. and S.B. of Rs.20,000/- (Rs.Twenty Thousand only) before the trial Court.
(iv) The parties to act upon authenticated copy of this order.
(S.G.DIGE, J.) SGA ::: Uploaded on - 27/05/2022 ::: Downloaded on - 28/05/2022 09:56:12 :::