Bombay High Court
Ashok Krushna Mukne vs The State Of Maharashtra on 5 February, 2021
Bench: S. K. Shinde
Rane 1/5 sr.11-IA-652-2020
5.2.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 652 OF 2020
(FOR SUSPENSION OF SENTENCE)
IN
CRIMINAL APPEAL NO. 475 OF 2020
Ashok Krushna Muke ....Applicant/
Accused
V/s.
The State of Maharashtra ....Respondent
* * * *
Mr. Sachin Deokar i/by. Ms. Jayashri Gade-
Salunkhe and Mr. Jay Patil, Advocate for the
applicant.
Mr. Yogesh Dabke, APP for State.
CORAM : SANDEEP K. SHINDE, J.
Friday, 5
th
February, 2021.
P.C . :
1. Heard learned Counsel for the appellant
and learned APP for State.
Rane 2/5 sr.11-IA-652-2020
5.2.2021
2. The learned Additional Sessions Judge,
th
by judgment and order dated 10 January, 2018
passed in Sessions Case No. 459/2009 convicted
the appellant (accused no.1) for the offences
punishable under Sections 376, 323, 506(II) of
the Indian Penal Code and sentenced to suffer
imprisonment for the period of seven years and
fine of Rs.5,000/- with default stipulations.
3. Appellant as an under trial prisoner,
after conviction has undergone imprisonment for
three years, as against sentence for seven years.
4. The alleged incident of sexual assault
th
had taken place on 10 October, 2013 at 3.00
p.m. On the next day, the prosecutrix was
examined by P.W.9-Doctor attached to Civil
Hospital at Thane, but found no evidence of
physical and sexual assault. I have also perused
the evidence of Ankush Pokla, the panch
witness, who did not support the prosecution.
Rane 3/5 sr.11-IA-652-2020
5.2.2021
5. Be that as it may, the spot
th
panchanama was drawn on 11 October, 2013,
wherefrom broken pieces of bangles and few
pieces of clothes were recovered. The complaint
at Exhibit-66 infact suggests that, when
prosecutrix was subjected to forceful sexual
assault, she lost her mangalsutra over there.
However, neither her mangalsutra nor her other
ornaments were found on the spot. A fact
cannot be overlooked that the alleged incident
had taken place in the daylight at 3:00 p.m., a
place just away from the main road. The tenor
of evidence of the applicant on the face of it,
does not inspire the confidence and the attendant
circumstances, do not further prosecution's case.
6. In consideration of the evidence and
since the applicant has undergone imprisonment
for three years and further the subject Appeal is
not likely to be heard in the near future, the
application is allowed and hence the following
order :
Rane 4/5 sr.11-IA-652-2020
5.2.2021
O R D E R
(i) The substantive impugned sentence
passed in Sessions Case No. 455/2014
by the learned Sessions Judge, Thane
is suspended and applicant is directed
to be released on bail on furnishing
bond of Rs.25,000/- with one or more
sureties in the like amount.
(ii) Pending Appeal, the applicant shall
mark his presence to the concerned
Court i.e. the Court of Additional
Sessions Judge, Thane on first Monday
of each month between 11:00 to 1:00
p.m. commencing from March, 2021 till
further orders.
(iii) The applicant shall furnish
particulars of his permanent residential
address and contact details to the
Investigating Officer within seven days
from his release from jail.
Rane 5/5 sr.11-IA-652-2020
5.2.2021
(iv) The applicant shall not tamper with
the evidence or attempt to influence or
contact the complainant, witnesses or
any person concerned with the case.
7. The application is accordingly allowed
and disposed of.
8. It is made clear that observations made
hereinabove be construed as expression of opinion
only for the purpose of granting bail and the
same shall not in any way influence the other
proceedings.
(SANDEEP K. SHINDE, J.)
Digitally
signed by
Neeta Neeta S.
Sawant
S. Date:
Sawant 2021.02.05
18:24:01
+0530
