Ravindra @ Aditya Suresh Lokare vs The State Of Maharashtra
2021 Latest Caselaw 16193 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 987 OF 2020
                                   IN
                          APPEAL NO. 90 OF 2021


      Ravindra @ Aditya Suresh Lokare        ..Appellant/Applicant

                  v/s.

      The State of Maharashtra & Anr.                 ..Respondent/s

      Mr. Harshad Bhadbade for the Applicant.
      Mr. N.B.Patil, APP for the Respondent-State.

                             CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 23rd NOVEMBER, 2021.

P.C.

1. This is an application under Section 389 of Cr.P.C. for

suspension of sentence imposed by judgment dated 12.06.2018 in

Sessions Case No. 547 of 2012. By the impugned judgment, the

learned Addl. Sessions Judge, Thane has held the Applicant

(Accused No.2) guilty of offence under Section 376 IPC and

sentenced to suffer rigorous imprisonment for seven years and to

pay fine of Rs.10,000/- i.d. to undergo simple imprisonment for

one year.

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2. Heard the learned Counsel for the applicant and the learned

APP for the State. Perused the record and considered the

submissions advanced by the learned Counsels for the respective

parties.

3. The Applicant and the co-accused Devendra Kolhe were

charged for the offences under Section 363, 376 of Indian Penal

Code. It was the case of the prosecution that on 17.06.2012 the

co-accused Devendra Kolhe had kidnapped the victim who was 15

years of age from the lawful guardianship. It is alleged that on

the same day at about 12.30 p.m. he committed rape on the minor

victim and left her on her own and asked here to go wherever she

likes. The victim thereafter went to Kalwa Railway Station. She

claims that one man asked her as to why she was crying and he

took her to his hut at Kalwa. The victim has stated that the said

man also raped her several times.

4. The victim (PW1) had not named the second person who

had raped her at Kalwa. The testimony of the victim does not

indicate that the Applicant herein was the person who had raped

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her. There is no prima facie material to indicate that she had

identified him either in the test identification parade or before the

Court. Thus, there is no prima facie material to establish the

identity of the Applicant in commission of the crime. It is also to

be noted that the Applicant has been sentenced to undergo

imprisonment for 7 years. It is on record that he was in custody

for 3 years and 5 months as under trial prisoner and has thus

almost served half of the sentence.

5. Considering the above facts and circumstances, particularly

the nature of evidence against this Applicant, in my considered

view, this is a fit case for suspension of substantive sentence.

Hence the application is allowed on the following terms and

conditions:-

i) Substantive sentence imposed against the Applicant by

judgment dated 12.06.2018 in Sessions Case No. 547 of 2012 is

suspended pending hearing of the appeal;

ii) The Applicant be released on cash bail in the sum of

Rs.20,000/- (Rupees Twenty Thousand Only) for a period of eight

weeks;

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iii) The Applicant shall within the said period of eight weeks

furnish P.R.Bond in the sum of Rs.20,000/- (Rupees Twenty

Thousand Only) with one or two solvent sureties in the like

amount, to the satisfaction of the Trial Court;

iv) The applicant shall report to the Trial Court once in two

months on the day/ date specified by the Trial Court, till the

Appeal is finally disposed on;

v) The applicant shall keep the trial Court informed of his current

address and mobile/contact numbers and/or change of residence

or mobile details, if any, from time to time.

vi) 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 application

seeking cancellation of bail.

. Application is accordingly disposed of.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

2021.11.25 15:20:21 (ANUJA PRABHUDESSAI, J.) +0530

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