Bombay High Court
Akshay Bhasker Ranshrungare vs The State Of Maharashtra And Anr on 26 October, 2021
Bench: Anuja Prabhudessai
P.H. Jayani 32 IA1537.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1537 OF 2021
IN
CRIMINAL APPEAL NO. 497 OF 2021
Akshay Bhasker Ranshrungare .... Applicant
v/s.
The State of Maharashtra and anr. .... Respondents
WITH
INTERIM APPLICATION NO. 1539 OF 2021
IN
CRIMINAL APPEAL NO. 500 OF 2021
Akshay @ Sadhu Bhasker Kashinath
Ranshrungare .... Applicant
v/s.
The State of Maharashtra and anr. .... Respondents
Mr. Rushikesh Kale for the Applicant.
Mr. S.V. Gavand, APP in IA/1537/2021.
Mr. P.H. Gaikwad, APP in IA/1539/2021.
Mrs. Megha Bajoria for Respondent No.2.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 26th OCTOBER, 2021.
P. C. :-
ORDER IN INTERIM APPLICATION NO. 1537 OF 2021 :-
. The Applicant has sought suspension of substantive sentence
imposed by judgment dated 31/03/2021 in Sessions Case
P.H. Jayani 32 IA1537.2021.doc
No.119/2018. By the impugned judgment, the learned Additional
Sessions Judge, Solapur has held the Applicant guilty of offence under
Section 376 of the Indian Penal Code and under Section 4 of Protection
of Children from Sexual Offences (POCSO) Act and sentenced him to
undergo seven years imprisonment with fine of Rs.5,000/- in default to
undergo simple imprisonment for three months.
2. Heard Mr. Rushikesh Kale, learned counsel for the Applicant, Mr.
S.V. Gavand and Mr. P.H. Gaikwad, learned APPs for the State and Ms.
Megha Bajoria, learned counsel for Respondent No.2. I have perused
the records and considered the submissions advanced by the learned
counsels for the respective parties.
3. The case of the prosecution is that the Applicant and the other co-
accused had abducted the victim who was below 18 years of age. The
Applicant took the victim to Ranjangaon and later at Karegaon and had
forcible sexual intercourse with her. The evidence of the victim prima
facie indicate that the victim had travelled by public transport from her
village to Pune. She had not raised any alarm. She had stayed with
the Applicant for about 07 to 08 days. Complaint was lodged by the
mother of the victim only when the victim who had left the house at
P.H. Jayani 32 IA1537.2021.doc
05:00 a.m. had failed to return home. It is also stated that the
Applicant is in custody since 16/01/2018. He has undergone sentence
of almost four years.
4. Considering the above facts and circumstances, the nature of
accusations and the evidence in support thereof, in my considered view,
this is a fit case for suspension of substantive sentence. Hence, the
Interim Application is allowed on following terms and conditions :-
(a) Execution of substantive sentence imposed against the
Applicant by judgment dated 31/03/2021 in Sessions Case
No.119/2018, is suspended pending hearing of the Appeal ;
(b) The Applicant shall be released on bail on furnishing
P.R. Bonds in the sum of Rs.15,000/- with one or two solvent
sureties in the like amount to the satisfaction of the Trial
Court ;
(c) 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 of ;
P.H. Jayani 32 IA1537.2021.doc
(d) 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 ;
(e) 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.
5. Interim Application No.1537/2021 stands disposed of
accordingly.
ORDER IN INTERIM APPLICATION NO. 1539 OF 2021 :-
6. This is an Application under Section 389 of Cr.P.C. filed by the
aforesaid Applicant seeking suspension of substantive sentence
imposed by judgment dated 31/03/2021 in Sessions Case No.2/2018.
By the impugned judgment, the learned Additional Sessions Judge,
Solapur has held the Applicant guilty of offence under Section 354B of
the Indian Penal Code and under Section 8 of Protection of Children
from Sexual Offences (POCSO) Act and sentenced him to undergo
P.H. Jayani 32 IA1537.2021.doc
maximum imprisonment of three years with fine of Rs.3,000/- in
default to undergo simple imprisonment for three months.
7. The sentence imposed is a short term imprisonment. Considering
the large pendency of the cases and also the situation arising from
Covid-19 pandemic, it will not be possible to take up the Appeal in
immediate future. In view of the above and also considering the nature
of the accusations and evidence in support thereof, this is a fit case for
suspension of substantive sentence pending hearing of the Appeal.
Hence, the Interim Application is allowed on following terms and
conditions :-
(a) Execution of substantive sentence imposed against the
Applicant by judgment dated 31/03/2021 in Sessions Case
No.2/2018, is suspended pending hearing of the Appeal ;
(b) The Applicant shall be released on bail on furnishing
P.R. Bonds in the sum of Rs.15,000/- with one or two solvent
sureties in the like amount to the satisfaction of the Trial
Court ;
(c) The Applicant shall report to the Trial Court once in
P.H. Jayani 32 IA1537.2021.doc
two months on the day/ date specified by the Trial Court, till
the Appeal is finally disposed of ;
(d) 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 ;
(e) 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.
8. Interim Application No.1539/2021 stands disposed of
accordingly.
9. All concerned to act on authenticated copy of this order.
(SMT. ANUJA PRABHUDESSAI, J.)
Digitally
signed by
PREETI PREETI
JAYANI
H Date:
JAYANI 2021.10.28
11:01:06
+0530
