Bombay High Court
Pintu Bapu Mohite vs The State Of Maharashtra on 2 February, 2022
Bench: Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.784 OF 2019
IN
CRIMINAL APPEAL NO.1406 OF 2019
Pintu Bapu Mohite Applicant
versus
The State of Maharashtra Respondent
Ms.Vilasini B. i/by Mr.Jaydeep D. Mane, Adv. For applicant.
Mr.H.J.Dedhia, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 2nd February 2022
PC :
1. This is an application for suspension of sentence and grant of bail
during pendency of Criminal Appeal No.1406 of 2019.
2. The applicant has been convicted vide judgment and order dated
3rd October 2019 passed by Extra Joint Additional Sessions Judge,
Pandharpur in Sessions Case No.58 of 2012 for offences under Sections
376, 363, 365 and 506 of Indian Penal Code. He has been sentenced to
suffer imprisonment of seven years, three years, one year and one year
respectively and to pay fine of Rs.10,000/- each for offences under
Sections 376, 363, 365 of IPC and Rs.5,000/- u/s.506 of IPC.
3. The case of prosecution is that the prosecutrix is a married lady
having two children. On 11th September 2011 the complaint was
lodged alleging that on 30th August 2011 the victim came to village
Digitally signed by
MANISH MANISH SURESH
SURESH
THATTE
THATTE
Date: 2022.02.04
12:02:55 +0530
Huljanti at her parents house for attending festival and thereafter she
was returning to her matrimonial home. She boarded the bus and
alighted at Nimboli for boarding another bus going towards Maroli.
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The accused was known to her, who met her at Mariaai Chowk. On the
pretext of giving lift to the victim, the accused made the victim to sit on
his motorcycle and told her that he would take her to her in-laws house
at Maroli. However, accused took her towards Sangola. He threatened
her. She was taken to village Bedaggaon. The accused took her at the
premises owned by the person familiar with him. He introduced her to
the owner of premises as his wife. She was threatened. She was
subjected to sexual relationship forcibly. Thereafter accused was
apprehended by the brother of victim. The FIR was registered.
4. Learned counsel for applicant submitted that the applicant was
on bail during trial. He is taken in custody from the date of conviction.
He is in jail for a period of more than two years. The maximum
sentence imposed by the Trial Court is of seven years. The applicant
has not misused the facility of bail. From the evidence of witnesses it is
apparent that physical relationship was consensual.
5. Learned APP submitted that the Trial Court has convicted the
appellant on the basis of evidence adduced before the Court. The
victim was threatened. The sexual relationship was under coercion.
6. It is noted that the applicant was on bail during trial. It is not
reported that there was misuse of facility of bail. From the evidence of
prosecutrix and other witnesses it does appear that physical relationship
was by consent. The case of prosecution is that victim was given lift by
the accused. She was taken to different village. The victim was along
with her minor child aged about five years. She was taken to the house
of familiar person of accused. She was introduced as wife. The accused
was known to the victim. Prima facie it does appear that the victim had
volunteered to accompany the accused. The physical relationship
appears to be consensual.
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7. Considering the aforesaid circumstances, sentence of
imprisonment can be suspended.
ORDER
(i) Interim Application No.784 of 2019 is allowed and disposed of;
(ii) During pendency of Criminal Appeal No.1406 of 2019, the
sentence of imprisonment imposed vide judgment and order dated 3 rd
October 2019 passed by Extra Joint Additional Sessions Judge,
Pandharpur in Sessions Case No.58 of 2012 is suspended, and the
applicant is directed to be released on bail on executing PR bond in the
sum of Rs.25,000/- with one or more sureties in the like amount;
(iii) The applicant is permitted to furnish cash bail in the sum of
Rs.25,000/- for ten weeks in lieu of sureties;
(iv) If the fine amount is not deposited, the same shall be deposited
within four weeks from today;
(v) The applicant shall attend Trial Court once in six months on First
Saturday of the month till disposal of the Criminal Appeal;
(vi) In the event there are two consecutive defaults in attending the
Trial Court, the Trial Court shall submit report to this Court;
(vii) In the event of default committed by the applicant in attending
the Trial Court, the prosecution will be at liberty to prefer application
for cancellation of bail.
(PRAKASH D. NAIK, J.)
MST
