Case Note & Summary
The applicant, Uttam Vitthal Bhosale, was convicted by the Special Judge and Additional Sessions Judge-2, Sangli, in Sessions Case No. 95 of 2014 for offences under Sections 354A, 452, 342, 323, 504, 506 of the Indian Penal Code (IPC) and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He was sentenced to undergo imprisonment for three years for the offence under Section 8 of the POCSO Act. The applicant filed Criminal Appeal No. 850 of 2017 against the conviction and sentence, and also filed Criminal Application No. 1411 of 2017 seeking suspension of the execution of the sentence and release on bail pending the appeal. The High Court of Judicature at Bombay heard the application. The court noted that the appeal was filed in 2017 and was not likely to come up for final hearing in the next couple of years due to large pendency of old cases. The court observed that rejection of the application would result in the applicant undergoing the sentence of imprisonment even before the appeal was heard on merits. Additionally, the applicant had been on bail during the pendency of the trial and there was nothing on record to indicate that he had violated the terms and conditions of the bail order. Considering these facts and the nature of allegations, the court found it a fit case to suspend the execution of sentence pending disposal of the appeal. The court allowed the application, suspended the sentence subject to the applicant furnishing a fresh bail bond of Rs.15,000 with one or two solvent sureties, and directed the applicant not to interfere with the victim in any manner and to furnish his permanent and current address to the trial court.
Headnote
A) Criminal Procedure - Suspension of Sentence - Bail Pending Appeal - Sections 389 CrPC - Applicant convicted under POCSO Act and IPC, sentenced to three years imprisonment - Appeal not likely to be heard soon due to pendency - Applicant was on bail during trial without violation - Court suspended sentence and granted bail considering that otherwise applicant would undergo sentence before appeal hearing (Paras 4-6).
Issue of Consideration
Whether the execution of sentence imposed on the applicant should be suspended and the applicant released on bail pending disposal of the appeal.
Final Decision
Criminal Application No. 1411 of 2017 is allowed. Execution of sentence imposed in Sessions Case No. 95 of 2014 vide judgment dated 18th September, 2017 is suspended till disposal of the appeal on merits, subject to applicant furnishing fresh bail bond of Rs.15,000 with one or two solvent sureties to the satisfaction of Special Judge and Addl. Sessions Judge, Sangli. Applicant shall not interfere with the victim and shall furnish permanent and current address to the trial court.
Law Points
- Suspension of sentence pending appeal
- bail considerations
- pendency of appeal
- nature of allegations
- violation of bail conditions
