Bombay High Court
Bhujang Bhanudas Tulse vs The State Of Maharashtra on 27 March, 2019
Bench: R.P. Mohite-Dere
appa.2073.18.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 2073 OF 2018
(FOR BAIL)
WITH
CRIMINAL APPLICATION NO. 2074 OF 2018
(FOR SUSPENSION OF SENTENCE)
IN
CRIMINAL APPEAL NO. 1547 OF 2018
Bhujang Bhanudas Tulse ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Vincent X. D'Silva for the Applicant
Mr. P. H. Gaikwad, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
WEDNESDAY. 27th MARCH 2019
P.C. :
1 Heard learned counsel for the parties.
2 By these applications, the applicant seeks suspension of
his sentence and enlargement on bail pending the hearing and final
disposal of his appeal.
SQ Pathan 1/4
::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 22:40:35 :::
appa.2073.18.18.doc
3 Learned counsel for the applicant states that the
allegations as against the applicant are false and that no such incident
as alleged took place. He submits that even the evidence that has
come on record, does not prove the alleged offence. He further
submits that the applicant was on bail pending trial and that the
applicant has not abused or misused his liberty, whilst on bail.
4 Learned A.P.P has produced report dated 26th March 2019
of PI Sakinaka Police Station, Mumbai. The same is taken on record
and marked `X'. In the said report, it is mentioned that the applicant,
whilst on bail, did not threaten or intimidate any witness and that no
offence has been registered as against the applicant, during the said
period.
5 Perused the papers, in particular, the evidence of PW 2,
PW 4 and the medical evidence. The maximum sentence imposed on
the applicant is 4 years. The sentence imposed is a short term
sentence. The appeal is already admitted and is not likely to be heard
SQ Pathan 2/4
::: Uploaded on - 29/03/2019 ::: Downloaded on - 29/03/2019 22:40:35 :::
appa.2073.18.18.doc
in near future. As stated above, the applicant has not abused or
misused the liberty. It is informed by the learned A.P.P that the girl
(PW 2) has left the area and is no longer residing in the said area.
6 Having regard to the aforesaid, the following order is
passed :
ORDER
(i) The applications are allowed;
(ii) The applicant's sentence is suspended;
(iii) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.5,000/- with one or two sureties in the like amount;
(iv) The applicant shall not contact or attempt to influence the
complainant or the prosecution witnesses or any person concerned
with the case;
(v) The applicant shall report to the trial Court once in three
SQ Pathan 3/4
appa.2073.18.18.doc
months as specified by the trial Court, till his appeal is finally
disposed of;
(vi) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
(vii) If there are two consecutive defaults in appearing before the
trial Court, the learned Judge shall make a report to the High Court
and the prosecution would be at liberty to file an application seeking
cancellation of bail.
7 The applications are disposed of in the aforesaid terms.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
