Bombay High Court
Ananda Shamrao Salunkhe vs The State Of Maharashtra on 27 October, 2021
Bench: Anuja Prabhudessai
Digitally
signed by
MEGHA MEGHA S
PARAB
S Date:
PARAB
25_apeal_681_2021 with_IA_2063_2021.doc
2021.10.28
14:50:24
+0530 Megha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.681 OF 2021
WITH
INTERIM APPLICATION NO.2063 OF 2021
IN
CRIMINAL APPEAL NO.681 OF 2021
Ananda Shamrao Salunkhe ...Applicant
Versus
The State of Maharashtra ...Respondents
....
Mr. Kuldeep Patil i/b. Ms Suvarna Yadav for the Applicant.
Mr. S.V. Gavand, APP for Respondent-State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 27th OCTOBER, 2021.
P.C.:-
This is an application under Section 389 of the Code of
Criminal Procedure, 1973 for suspension of sentence imposed vide
judgment dated 17/02/2021 passed by the learned Additional Sessions
Judge, Karad in Sessions Case No.82 of 2014 and for release of the
Applicant on bail.
2. By the impugned judgment, learned Judge held the
Applicant guilty of ofence under Sections 376, 452 and 506 of the IPC
and sentenced to undergo rigorous imprisonment for fve years with
fne of Rs.500/- i/d. to sufer rigorous imprisonment for 15 days for
Megha 25_apeal_681_2021 with_IA_2063_2021.doc
ofence under Section 452 of the IPC, sentenced him to sufer rigorous
imprisonment for 10 years and fne of Rs.50,000/- i/d. to undergo
rigorous imprisonment for six months for ofence under Section 376 of
the IPC and rigorous imprisonment of one year and fne of Rs.500 i/d. to
undergo rigorous imprisonment for 15 days. Fine amount of Rs.50,000,
if realised is ordered to be paid to the prosecutrix.
3. Heard Mr. Kuldeep Patil, learned counsel for the Applicant
and Mr. S.V. Gavand, learned APP for Respondent -State. Perused the
records and considered the submissions advanced by learned counsel
for the respective parties.
4. The case of the prosecution is that the Applicant herein had
committed rape on PW4. The Applicant had entered the house of the
prosecutrix-PW4 under the pretext of asking water. It is stated that he
committed rape on the prosecutrix, who at the relevant time was 30
years of age. She claims that he caught hold of her and pulled her and
thereafter had forcible sexual intercourse with her. The Applicant had
threatened to cause death of her parents and hence she had not
disclosed the incident to her parents. The prosecutrix has lodged the
FIR only after the doctor informed her that she is six and half weeks
pregnant. Pursuant to the FIR lodged by the prosecutrix, crime was
Megha 25_apeal_681_2021 with_IA_2063_2021.doc
registered against the Applicant and upon completion of the
investigation, charge sheet was fled. The prosecutrix has denied that
her parents knew about the pregnancy and that she was earlier treated
in another hospital at Tamavali. PW6-sister of the prosecutrix has
admitted that prior to admitting the prosecutrix to Krishna Hospital,
she was admitted at Tamvali. She has admitted that they had decided
to lodge a complaint as they felt that the incident would lower their
prestige in the village. The FIR is lodged after considerable delay.
Prima facie the explanation given does not appear to be satisfactory.
Prima facie the act appears to be consensual.
5. Considering the above facts and also the nature of
accusations and the evidence in support thereof, in my considered view
this is a ft case for suspension of sentence pending disposal of the
appeal. Hence, the application is allowed on following terms and
conditions:-
(i) The substantive sentence imposed on the Applicant vide
judgment dated 17/02/2021 in Sessions Case No.82
of 2014 is suspended pending disposal of the
appeal.
(ii) The Applicant is ordered to be released on bail on
furnishing PR bonds in the sum of Rs.20,000/- with one
Megha 25_apeal_681_2021 with_IA_2063_2021.doc
or two sureties in the like amount.
(iii)The Applicant shall report to the Trial Court, once in three
months on the day/date specifed by the Trial Court, till
the appeal is fnally disposed of.
(iv) 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.
(v) 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 fle an application seeking cancellation of bail.
6. The application stands disposed of.
(SMT. ANUJA PRABHUDESSAI, J.)
