Shivaji S/O. Ravan Bhalerao vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12773 Bom

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

            CRIMINAL APPLICATION NO. 730 OF 2020
             IN CRIMINAL APPEAL NO.826 OF 2022

                 SHIVAJI S/O. RAVAN BHALERAO
                            VERSUS
              THE STATE OF MAHARASHTRA AND ANR

Mr. M. P. Bhaskar, Advocate for the appellant
Mr. R. V. Dasalkar, APP for the respondent/State

                                    CORAM : R. G. AVACHAT &
                                            R. M. JOSHI, JJ.
                                    DATED : 8th DECEMBER, 2022

PER COURT :-

1.             By this application, applicant is seeking suspension of

substantive sentence imposed against him by passing impugned

judgment and order dated 1st June, 2013 in S.T. No. 33 of 2012.



2.             Learned counsel for the applicant submits that except

for the statement of the informant which is recorded after two

days of the alleged snatching of the deceased boy by the

accused, there is absolutely no other evidence on record to show

his involvement in the crime.



3.             Learned APP opposed the said submission by pointing


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 out that considering the previous acquaintance of the accused

with the informant there was reason for non lodging of

immediate report and hence for alleged delay no benefit can be

derived by accused.



4.             At this stage consideration of material evidence on

record suggest that except for the statement of informant that

accused sought sexual favours from her and as she refused the

same     there occurred quarrel between them and consequently,

accused took her son away. If the incident has occurred in such

manner, it does not find to any reason as to why no immediate

report was lodged about the same with police by her. The report

in this case appears to have been given after two days of the

said alleged incident i.e. after finding of dead body. Except this

belated statement of the informant there is absolutely no

evidence on record              to connect appellant with this crime. The

autopsy report suggest that the boy died due to drowning. Thus,

we find substance in the contention of the advocate for the

appellant that it could be a possible case of accidental drowning

and later on appellant is implicated therein. We are informed



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 that the appellant is in jail last 10 years, except for bail during

Covid-19 pandemic. In the aforesaid circumstances we do not

find any reason to keep him further behind bars. Hence the

order.

                                         ORDER

(i)               Application is allowed.

(ii)              Pending the appeal, the substantive sentence of

imprisonment imposed by the trial Court is suspended. The

applicant be released on bail on her executing P.R. bond in the

sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety

in the like amount.

(iii)             Bail in trial Court.



(R. M. JOSHI, J.)                                (R. G. AVACHAT, J.)


ssp




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