Bombay High Court
Prashant Gurunath Gaikwad vs The State Of Maharashtra And Anr on 8 April, 2021
Bench: R.P. Mohite-Dere
1/6 23-appa.470.2019.doc
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.470 OF 2019
IN
CRIMINAL APPEAL NO.579 OF 2019
Prashant Gurunath Gaikwad ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
Ms. Anjali Patil, for the Applicant.
Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent No.1 - State.
Ms. Shraddha Sawant, Appointed Advocate for the Respondent No.2.
CORAM : REVATI MOHITE DERE, J.
DATE : 8th APRIL, 2021
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
his appeal.
3. The Applicant alongwith other co-accused vide Judgment and
Order dated 10th January 2019, passed by learned Additional Sessions
::: Uploaded on - 09/04/2021 ::: Downloaded on - 05/09/2021 21:30:07 :::
2/6 23-appa.470.2019.doc
Judge, Pune, in Special S.C. No. 299 of 2016, has been convicted and
sentenced as under:-
- for the offence punishable under Sections 376 r/w 107 of the Indian
Penal Code, to suffer rigorous imprisonment for 7 years and to pay fine of
Rs.1,000/-, in default of payment of fine, to undergo simple imprisonment
for 1 month;
- for the offence punishable under Sections 376(2)(f) r/w 107 of the
Indian Penal Code, to suffer rigorous imprisonment for 10 years and to pay
fine of Rs.1,000/-, in default of payment of fine, to undergo simple
imprisonment for 1 month;
- for the offence punishable under Sections 376(D) r/w 107 of the
Indian Penal Code, to suffer rigorous imprisonment for 20 years and to pay
fine of Rs.2,000/-, in default of payment of fine, to undergo simple
imprisonment for 2 months;
- for the offence punishable under Sections 506(II) r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 1 year and to pay
fine of Rs.500/-, in default of payment of fine, to undergo simple
imprisonment for 15 days;
- for the offence punishable under Sections 11(i) and 12 of the
Protection of Children from Sexual Offences Act to suffer rigorous
imprisonment for 2 years and to pay fine of Rs.500/-, in default of payment
::: Uploaded on - 09/04/2021 ::: Downloaded on - 05/09/2021 21:30:07 :::
3/6 23-appa.470.2019.doc
of fine, to undergo simple imprisonment for 15 days.
All the aforesaid substantive sentences were directed to run
concurrently.
4. Learned Counsel for the applicant seeks suspension of
sentence and enlargement on bail of the applicant, on the ground of parity.
She submitted that identically placed co-accused - Ajay Dipak Jadhav has
been enlarged on bail by this Court (Coram: Prakash D. Naik, J.) vide order
dated 4th December 2020, passed in the application for suspension of
sentence and enlargement on bail filed by co-accused - Ajay Dipak Jadhav.
She submits that this Court vide the said order has in detail considered the
evidence of the prosecutrix as well as the prosecutrix's mother on record
and thereafter enlarged the applicant on bail.
5. Learned APP as well as learned appointed advocate for the
respondent No.2 vehemently oppose the application.
6. Perused the papers as well as the order dated 4th December
2020, suspending the sentence and enlarging the co-accused - Ajay Jadhav
on bail, pending the hearing and final disposal of his appeal. This Court
(Coram: Prakash D. Naik, J.) has in detail considered the evidence on
::: Uploaded on - 09/04/2021 ::: Downloaded on - 05/09/2021 21:30:07 :::
4/6 23-appa.470.2019.doc
record of the prosecutrix and her mother (complainant), the discrepancies
and infirmities in the evidence. It is observed that the allegation of rape of
victim was disclosed subsequently and having regard to the major
omissions in the prosecutrix evidence as has come on record in the cross-
examination, enlarged the co-accused - Ajay Jadhav on bail. The role of
the applicant is similar to that of co-accused - Ajay Jadhav. It is not in
dispute that the applicant was on bail pending trial, and that he has not
misused or abused the liberty granted to him.
7. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his Appeal, on the following terms and
conditions :
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.25,000/- with one or more sureties in the like amount;
ii) The Applicant shall report to the trial Court, once in two
months on the day/date specified by the trial Court, until further orders;
5/6 23-appa.470.2019.doc
iii) The Applicant shall not contact the victim, her family
members, complainant, witnesses or any person concerned with the case;
iv) 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;
v) 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.
8. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
9. The High Court Legal Services Committee to pay the fees as
per Rules to Ms. Shraddha Sawant, learned appointed advocate, who has
espoused the cause of the respondent No.2.
6/6 23-appa.470.2019.doc
10. Copy of this order be forwarded to the High Court Legal
Services Committee, for information and necessary action.
11. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
