Sahebrao Pandit Gangurde vs The State Of Maharashtra
2021 Latest Caselaw 9217 Bom

                                                                      8-IA-1458-2020.doc




                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 1458 OF 2020
                                     IN
                      CRIMINAL APPEAL NO. 491 OF 2020

 Sahebrao Pandit Gangurde                                  ... Applicant

           Versus

 The State of Maharashtra                                  ... Respondent

                                 .....
 Mr. Mahendra N. Sandhyanshiv, Advocate for the Applicant.
 Ms. Veera Shinde, APP for the Respondent - State.
                                .....

                                CORAM       :     PRAKASH D. NAIK, J.
                                DATE        :     14th JULY, 2021.

 PER COURT:

 1.                 This is an application for suspension of sentence passed

 by the Sessions Court, in Session Case No.81 of 2016 vide Judgment

 and order dated 23rd September, 2020. The applicant is convicted for

 offence under Section 498-A of Indian Penal Code (for short "IPC")

 and sentenced to suffer rigorous imprisonment for three years. He is

 also convicted for offence under Section 306 of IPC and sentenced to

 suffer rigorous imprisonment for seven years.


 2.                 The applicant was on bail during the trial. The evidence

 of PW-1 (father of the victim) mentions that the marriage was

 performed seven years ago. The applicant was allegedly, demanding


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                                                                        8-IA-1458-2020.doc




 Rs.50,000/- for purchasing motorcycle. The victim was assaulted.

 The victim committed suicide by burning herself on 26 th September,

 2016. The applicant has undergone the imprisonment of around one

 year.


 3.                 Learned APP submitted that the father of the victim in

 his evidence has given instances of harassment caused to the victim

 which compelled her to commit suicide. The applicant has not paid

 the fine amount.


 4.                 The applicant was on bail during the trial. The marriage

 of the applicant and victim was performed seven years prior to the

 incident. The complainant has referred to some instances of demand

 and harassment to the victim. The date of incidents are not specific.

 Appreciation of evidence would be an exercise which is required to

 be done at the time of final hearing of the appeal. Applicant was on

 bail during trial. The applicant has undergone imprisonment of

 around one year. Considering the factual aspects, sentence of

 imprisonment can be suspended and the applicant can be granted

 bail during the pendency of appeal.


 5.                 Hence, I pass the following order :-


                                      ORDER

(i) Interim Application No. 1458 of 2020 is allowed;

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                                                                        8-IA-1458-2020.doc




           (ii)     Sentence   of   imprisonment      awarded         by     learned

Additional Sessions Judge, Malegaon, while convicting the applicant for the offences under 498-A and 306 of IPC in Sessions Case No.81 of 2016 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall attend the trial Court once in three months till further order;

(iv) The applicant shall deposit the fine amount of Rs.50,000/- within a period of four weeks from today.

(v) The applicant is permitted to furnish cash bail in the sum of Rs.25,000/- for a period of eight weeks in lieu of surety.

(vi) Interim Application stands disposed of accordingly.

                                                   (PRAKASH D. NAIK, J.)




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