Bombay High Court
Rajendra Laxman Shedge vs The State Of Maharashtra And Anr on 8 March, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta
Shagufta Q. Pathan
Q. 4-appa-1187-2019.doc
Date:
Pathan 2021.03.09
17:53:05
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1187 OF 2019
IN
CRIMINAL APPEAL NO. 214 OF 2019
Rajendra Laxman Shedge ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Niranjan Mundargi i/b Mr. Veerdhawal Deshmukh for the Applicant
Ms. Veera Shinde, A.P.P for the Respondent No.1-State
CORAM : REVATI MOHITE DERE, J.
MONDAY, 8th MARCH 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 the aforesaid appeal.
3 The applicant, vide judgment and order dated 4 th January 2019,
passed by learned Additional Sessions Judge, Mangaon, Raigad, in
SQ Pathan 1/4
4-appa-1187-2019.doc
Sessions Case No.528 of 2014, has been convicted and sentenced as
under:-
- for the offence punishable under Section 376(2)(i) of the
Indian Penal Code to suffer rigorous imprisonment for 10 years and to
pay fine of Rs.10,000/- in default, to undergo further rigorous
imprisonment for 1 year;
- for the offence punishable under Section 3 r/w 4 of the
Protection of Children from Sexual Offences Act, to suffer rigorous
imprisonment for 7 years and to pay fine of Rs.10,000/- in default, to
undergo further rigorous imprisonment for 1 year;
Both the aforesaid sentences were directed to run concurrently.
4 According to the prosecutrix, when she was 15 years of age,
the applicant sexually assaulted her. It appears that initially when the
prosecutrix was found 9 months pregnant, when questioned, she disclosed
the name of the applicant. It appears that when the DNA test was done, the
result was negative, pursuant to which, the prosecutrix was asked who was
responsible for the same. It appears that prosecutrix's brother was father of
SQ Pathan 2/4
4-appa-1187-2019.doc
the said child. The prosecutrix, during trial, stated that the applicant had
come one day and had sexually assaulted her, however, no time
approximately when the incident took place, has been spelt out. As far as
prosecutrix's brother-Rohan is concerned, she has turned hostile and has
resiled from her statement, as far as her brother Rohan is concerned.
Admittedly, the DNA report shows that the prosecutrix's real brother was
the father of the child.
5 The applicant was on bail pending trial and has not abused or
misused the liberty granted to him. The Appeal has been admitted vide
order dated 22nd January 2019.
6 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.20,000/- with one or two sureties in the like amount;
SQ Pathan 3/4
4-appa-1187-2019.doc
ii) The applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till his Appeal is
finally disposed of;
iii) 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;
iv) 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 Application is accordingly disposed of.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
