Bombay High Court
Akshay Haridas Bobade vs The State Of Maharashtra And Anr on 3 May, 2021
Bench: R.P. Mohite-Dere
2-APPA-1206-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1206 OF 2019
(FOR BAIL)
IN
CRIMINAL APPEAL NO. 1171 OF 2019
Akshay Haridas Bobade ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Ashok P. Mundargi, Sr. Advocate with Mr. Priyal G. Sarda for the
Applicant
Mr. S. V. Gavand, A.P.P for the Respondent No.1-State
Ms. Savita Yadav, appointed Advocate for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
(THROUGH VIDEO-CONFERENCING)
MONDAY, 3rd MAY 2021
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks his enlargement on bail,
pending the hearing and final disposal of the appeal.
SQ Pathan 1/5
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3 The applicant, vide judgment and order dated 17th April 2019
passed by the learned Additional Sessions Judge, Solapur, in Sessions Case
No. 93/2017, has been convicted and sentenced as under:
- for the offence punishable under Section 305 of the Indian
Penal Code, to suffer rigorous imprisonment for 7 years and to pay
fine of Rs.5,000/-, in default of payment of fine, to undergo
imprisonment for 1 month;
- 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.5,000/-, in default of payment of fine, to undergo
imprisonment for 1 month.
Both the sentences were directed to run concurrently.
Out of the said fine amount, an mount of Rs. 5,000/- was to be
paid to the parents of the victim, as compensation under Section
357(1) of Criminal Procedure Code.
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No separate sentence was imposed on the applicant under
Section 4 of the Protection of Children from Sexual Offences Act, in
view of Section 42 of the said Act.
4 Learned senior counsel for the applicant submits that the
prosecution has not proved its case as against the applicant. He submits
that all the witnesses have turned hostile and that despite the same, the
learned Judge convicted the applicant as stated aforesaid. He submits that
the suicide note does not mention the name of the applicant or that she was
sexually assaulted by the applicant. He submits that infact, the suicide note
has also not been proved by the prosecution. He submits that the applicant
is in custody since 16th January 2017 i.e. for more than 4 years.
5 Having perused the evidence, it appears that all the witnesses
in the said case have turned hostile. The report of the handwriting expert
shows that no definitive opinion could be given, whether the suicide note
was written by the deceased, for want of sufficient identifying
characteristics. The suicide note does not mention about any sexual assault
by the applicant. The applicant is in custody since 16 th January 2017, for
more than 4 years.
SQ Pathan 3/5
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6 Considering the aforesaid, the applicant deserves to be
enlarged on bail, pending the hearing and final disposal of his appeal, on
the following terms and conditions :
ORDER
(i) The applicant be released on cash bail in the sum of
Rs. 20,000/-, for a period of 8 weeks;
(ii) The applicant shall within the said period of 8 weeks,
furnish P.R. Bond in the sum of Rs. 20,000/- with one or two
sureties in the like amount;
(iii) The applicant shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till his appeal is
finally disposed of;
(iv) The applicant shall not contact or threaten the victim,
witnesses or any person concerned with the case;
SQ Pathan 4/5
2-APPA-1206-2019.doc
(v) 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;
7 The application is allowed in the aforesaid terms and is
disposed of accordingly.
8 The High Court Legal Services Committee to pay the fees as
per Rules, to Ms. Savita Yadav, learned appointed Advocate who has
espoused the cause of the respondent No. 2.
9 Copy of this order be forwarded to The High Court Legal
Services Committee, Mumbai, for information and necessary action.
10 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
