Mumbai, Maharashtra – September 17, 2022 – Tarun Ashok Bhatla has been granted bail and his sentence suspended pending the outcome of his appeal against a conviction for assault and trespass. The Special Judge, Priya P. Bankar, of the POCSO Court for Greater Mumbai, approved Bhatla’s bail application (Bail Application No. 813 of 2022) and miscellaneous application (Miscellaneous Application No. 635 of 2022) in Criminal Appeal No. 186 of 2022.
Background of the Case:
Bhatla was convicted by the Metropolitan Magistrate in C.C. No. 187/SW/2006 for offenses punishable under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 323 (voluntarily causing hurt), and1 451 (house-trespass in order to commit offense punishable with imprisonment) of the Indian Penal Code (IPC). He filed Criminal Appeal No. 186/2022 challenging the conviction and sentence.
Defense Arguments:
Mr. Sundeep Singh, representing Bhatla, argued that his client had filed an appeal against the conviction and had a strong chance of success. He requested the court to suspend the execution of the sentence and grant bail to Bhatla pending the appeal. He also highlighted that Bhatla was on bail during the trial.
Prosecution’s Counter-Arguments:
Ms. Sureeta Singh, the Special Public Prosecutor (SPP), represented the State but did not provide specific counter-arguments in the provided order.
Court’s Observations and Decision:
Judge Bankar noted that Bhatla had challenged the conviction and that considerable time would be required to dispose of the criminal appeal on its merits.
“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 same, both applications filed by appellant/accused about suspension of sentence and to release him on bail during pendency of the bail, are sustainable,” Judge Bankar stated in her order.
The court concluded that Bhatla’s applications for suspension of sentence and grant of bail were sustainable.
Order:
The court granted the following orders:
- Bail Application No. 813/2022 and Miscellaneous Application No. 635/2022 are allowed.
- The execution of the sentence imposed by the Metropolitan Magistrate in C.C. No. 187/SW/2006 is suspended until the decision of the appeal.
- Bhatla is released on bail upon executing a Personal Recognizance (PR) bond of Rs. 15,000 with one surety of the same amount.
Significance of the Ruling:
This ruling highlights the court’s consideration of the pendency of an appeal and the time required for its disposal when deciding applications for suspension of sentence and grant of bail. The court’s decision underscores that in cases where a conviction is under challenge and the appeal is likely to take considerable time, the court may suspend the sentence and grant bail to the appellant, provided appropriate conditions are met.
Key Factors in the Decision:
- Pendency of the appeal against the conviction.
- Time required for disposal of the appeal.
- Bhatla’s bail during the trial.
Future Proceedings:
The criminal appeal (Criminal Appeal No. 186 of 2022) will proceed in the POCSO Court. The court will examine the grounds of the appeal and the evidence presented during the trial to determine whether the conviction should be upheld, modified, or set aside. The court will monitor Bhatla’s compliance with the bail conditions.