MHCC020046182022
IN THE SPECIAL COURT FOR PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012, AT FORT GR. BOMBAY
COMMON ORDER BELOW BAIL APPLICATION NO.813 OF 2022
AND
MISCELLANEOUS APPLICATION NO.635 OF 2022
IN
CRIMINAL APPEAL NO.186 OF 2022
Tarun Ashok Bhatla
AgeYrs., Occ Business
Residing at251/1/C,
Opp.Municipal Pumping Station,
G.M.Road,Ghatkopar (E),
Mumbai
Versus.
1. The State of Maharashtra
2. Sujata Dnyandeo Divate
Age:Yrs., Occ Service,
Residing atKaustubh Apartment,
“A”Wing, Building No.201,Sector9,
Airoli, Navi Mumbai
(Org. Complainant)
….Applicant/
accused
..… Respondents
APPEARANCES:
Mr. Sundeep Singh, Ld. Advocate for the applicant/accused.
Ms. Sureeta Singh, Ld. SPP. for State/Respondent.
CORAM :
DATED :
SMT. PRIYA P. BANKAR
SPECIAL JUDGE, UNDER
POCSO ACT. (C.R. NO. 18)
17th SEPETEMBER, 2022.
.. 2 ..
BA No.813/22 & MA No.635/22
in CA.No.186/22
COMMON ORDER
The applications are filed by the appellant/accused for
suspension of sentence and to stay the execution of the judgment dated
07.03.2022. The bail application No.813/2022 is filed by the
appellant/accused to release him on bail during pendency of this
appeal.
2.
Heard
Mr.
Sundeep
appellant/accused,
and
Ms.
Singh,
Sureeta
Ld.
Singh,
Advocate
for
the
Ld.
for
the
SPP
State/Respondent.
3.
Learned Advocate for the appellant/accused has submitted
that the accused has filed Criminal Appeal No.186/2022 against the
judgment of conviction dated 07.03.2022. He has chances to succeed.
He prayed to stay the execution of sentence during pendency of appeal.
Hence, he be released on bail.
4.
As
per
judgment
in
C.C.
No.187/SW/2006,
this
appellant/accused is convicted for the offences punishable under
Sections 354, 323 and 451 of Indian Penal Code. The learned Advocate
for the accused has submitted that the accused was on bail during
pendency of the trial. He has preferred an appeal on various grounds.
He has chanced to succeed in the appeal and therefore, he prayed for
suspension of execution of the sentence.
5.
As it appear that the judgment of conviction passed by the
Learned Metropolitan Magistrate is under challenge. Considerable time
will be required to disposed of Cri. Appeal on merits. Considering the
.. 3 ..
BA No.813/22 & MA No.635/22
in CA.No.186/22
same, both applications filed by appellant/accused about suspension of
sentence and to release him on bail during pendency of the bail, are
sustainable. Hence, I proceed to pass the following order :
ORDER
1)
Bail
Application
No.813/2022
and
Miscellaneous
Application No.635/2022 are hereby allowed.
2)
The execution of sentence is judgment dated 07.03.2022,
passed by the Learned Metropolitan Magistrate, Mumbai in
CC No.187/SW/2006 is hereby suspended till the decision
of this appeal.
3)
During the pendency of the appeal, the accused Tarun
Ashok Bhatla be released on bail on executing PR Bond of
Rs.15,000/(Rupees Fifteen Thousand Only) with one surety
in like amount.
4)
Bail
Application
No.813/2022
and
Miscellaneous
Application No.635/2022 are disposed of accordingly.
Date : 17.09.2022.
Dictated on
Transcribed on
Signed on
: 17.09.2022
: 19.09.2022
: 20.09.2022
(PRIYA P. BANKAR)
Special Judge under POCSO Act,
Gr. Mumbai.
.. 4 ..
BA No.813/22 & MA No.635/22
in CA.No.186/22
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
20.09.2022
TIME
NAME OF STENOGRAPHER
5.30 p.m.
Mrs.K.S.Bhosale
Name of the Judge
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
HHJ Smt. Priya P. Bankar
(CR No.18)
17.09.2022
20.09.2022
20.09.2022