Prashant Appa Awale vs State Of Maharashtra And Anr
2022 Latest Caselaw 6740 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 1407 OF 2022

                                       IN

                     CRIMINAL APPEAL NO. 462 OF 2022

Prashant Appa Awale                                 .....Applicant

         Vs.

The State Of Maharashtra & Anr.                     .....Respondents

Mr. Ganesh Bhujbal for the Applicant.
Mrs. Sharmila Kaushik APP, for the Respondent-State.
Mr. Prashant D. Patil for the Respondent No.2.

                                 CORAM :     A. S. GADKARI, J.

                                   DATE :    15th JULY, 2022.

P.C.:-

This is an Application for suspension of sentence and releasing

the Applicant on bail.

2 Applicant has been convicted for the offence under Section

3(a) punishable under Section 4(2) of the Protection of Children from

Sexual Offences Act, 2012 (for short, "POCSO Act" ), for the offence under

Section 5(j)(ii) punishable under Section 6 of the POCSO Act and under

Sections 376 and 376(3) of the Indian Penal Code (for short, "the IPC") and

is sentenced to suffer maximum rigorous imprisonment for 20 years by the

Extra Joint Additional Sessions Judge, Karad in Special Case No.6 of 2021

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by its Judgment and Order dated 22nd April, 2022.

3 Mr. Bhujbal, learned Advocate for the Applicant submitted that,

the Applicant was released on bail during the pendency of trial and there is

no report of breach of any of the bail conditions imposed upon him. He

further submitted that, the Applicant has already deposited entire fine

amount in the Registry of the Trial Court.

4 It is the prosecution case that, the Applicant committed forcible

sexual intercourse with the victim who was a child as per the definition of

Section 2(d) of the POCSO Act. The victim thereafter became pregnant and

subsequently gave birth to a baby boy.

5 Perusal of evidence available on record clearly indicates that,

there is a Forensic Report/DNA Report of the Blood sample of the Applicant

and the victim. In the result of Analysis in the said report, the concerned

Assistant Chemical Analyser has opined that, the Applicant is excluded to be

biological father of baby boy of the victim. It thus, prima facie appears that,

the Applicant may not be the sole perpetrator of the crime alleged against

him.

6 In view of the above and after taking into consideration the

fact that, the Applicant was on bail during the pendency of the trial, this

Court is of the opinion that, during the pendency of present Appeal the

substantive sentence imposed upon the Applicant can be suspended and he

can be released on bail.

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            5                     Hence, the following Order:-

                        (a)       Applicant be released on bail in Special Case No.6 of

2021arising out of C.R. No. 487 of 2020 registered with

Karad Taluka Police Station, on his furnishing P.R. bond

of Rs.25,000/- with one or two local sureties in the like

amount.

(b) After his release from Jail and till final disposal of

present Appeal, the Applicant is directed to attend Karad

Taluka Police Station, on every first Monday of the

month initially for a period of one year and thereafter on

every first Monday of every 3rd month, i.e. 4 times in a

year.

(c) During the pendency of the Appeal, Applicant shall not

contact prosecutrix and threaten her.

6 Application is allowed in the aforesaid terms.

                                                                          (A.S. GADKARI, J.)
            Digitally signed by
SANJIV      SANJIV SHARNAPPA
SHARNAPPA   MASHALKAR

MASHALKAR   Date: 2022.07.19
            17:44:04 +0530