Ahamar Sharafatali Siddiki v. State of Maharashtra
In the High Court of Bombay
Interim Application 04-05/2021 and Crl. App. 01/2021
Before Justice A.S. Gadkari
Decided on January 04, 2021

Relevancy of the case: Appeal against conviction and bail application in a case involving stalking and sexual offences against a child

Statutes and Provisions Involved

• The Indian Penal Code, 1860 (Section 354D)
• The Protection of Children from Sexual Offences Act, 2012 (Section 11, 12)
• The Information Technology Act, 2000 (Section 66D, 66E, 67A, 67B)

Relevant Facts of the Case

• The trial court convicted the appellant under the abovementioned provisions. He was sentenced to a maximum of 2 years of rigorous imprisonment and a fine of ₹20,000.
• He filed an appeal against his conviction, along with seeking bail. He also seeks a suspension of the sentence. He paid the entire fine to the Trial Court’s Registry on December 11, 2020.

Prominent Arguments by the Advocates

• The appellant’s counsel submitted that the court had released him on bail during the appeal’s pendency. He did not breach any bail conditions. Moreover, he has deposited the fine amount, demonstrating his willingness to comply with the court’s orders.
• The respondent’s counsel underlined the severe nature of the offences for which the trial court had convicted him. These included stalking, sexual offences against a child, and cyber crimes.

Opinion of the Bench

• Considering the sentence’s short term, the appeal’s likelihood of being heard soon is very low.

Final Decision

• The court granted bail to the appellant with stringent conditions.