Mumbai: The Bombay High Court has reduced the bail amount of a 70-year-old man convicted under the Protection of Children from Sexual Offences (POCSO) Act, and allowed him to give personal bond as he was unable to find a surety for nearly a year after being granted bail.
The accused, a resident of Mahim, was convicted for sexual exploitation of an 11-year old boy. In jail since his arrest in 2014, he was granted bail on March 28, 2022 against one or more sureties of Rs 25,000. He sent a letter from the Nagpur Central Prison, mentioning that he was unable to furnish the surety and prayed for bail on a personal bond. Justice Sarang Kotwal on Feb 9 directed his release against a reduced personal bond of Rs15,000, owing to his financial condition, for eight weeks in lieu of surety.
Man genuinely unable to to furnish surety: Advocate
Advocate Prashant Nayak, who was appointed as the man’s lawyer from the legal aid panel, informed the court about his interaction with him and showed that he is genuinely unable to furnish surety. Nayak submitted that the man has assured him that he would be able to arrange for sureties once he is out on bail. Considering his financial condition, he also requested for the reduction of the bail amount.
Additional public prosecutor MR Tidke and Advocate Kartik Garg, appearing for the survivor, did not object to the application.
According to the prosecution, the man sexually assaulted an 11-year-old boy in 2016 from his neighbourhood. The boy confided in his father that he was assaulted on five to six occasions. The special court, in 2022, convicted the man to 10 years in prison under section 377 (unnatural sex) of the Indian Penal Code and the POCSO Act.
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