Bombay High Court
Ashok Krushna Mukne vs The State Of Maharashtra on 9 February, 2021
Bench: S. K. Shinde
IA-652-2020.odt
Shambhavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N. Shivgan CRIMINAL APPELLATE JURISDICTION
Digitally signed by
INTERIM APPLICATION NO.652 OF 2020
Shambhavi N.
Shivgan
Date: 2021.02.10
17:07:01 +0530
IN
CRIMINAL APPEAL NO.475 OF 2020
Ashok Krushna Mukane ... Applicant
Vs
The State of Maharashtra ... Respondents
...
Ms. Jayashri Gade-Salunkhe for the Applicant.
Mr. Yogesh Dabke, APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : 9th FEBRUARY, 2021.
P.C. :
This matter is mentioned at 2.30 p.m. for
'Speaking to the Minutes' of the order dated 5th February,
2021.
2 Accordingly, in the cause-title name of applicant
shall be read and substituted as 'Ashok Krushna Mukane'
and in paragraph 2 of the said order 'Sessions Case No.459
of 2009 shall be read and substituted as 'Sessions Case
No.455 of 2014'.
Shivgan 1/7
IA-652-2020.odt
3 Precipe stands disposed of.
(SANDEEP K. SHINDE, J.)
Corrected order reads thus:
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 Mukane ....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.
Shivgan 2/7
IA-652-2020.odt
CORAM : SANDEEP K. SHINDE, J.
Friday, 5
th
February, 2021.
P.C . :
1. Heard learned Counsel for the appellant and
learned APP for State.
2. The learned Additional Sessions Judge, by
th
judgment and order dated 10 January, 2018 passed
in Sessions Case No. 455/2014 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.
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4. The alleged incident of sexual assault had
th
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.
5. Be that as it may, the spot panchanama
th
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
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IA-652-2020.odt
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 :
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
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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.
(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.
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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.)
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