Bombay High Court
Ramesh Manishsingh Rana vs The State Of Maharashtra on 28 July, 2022
Bench: R.P. Mohite-Dere, Sharmila U. Deshmukh
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2022.07.30
CHITNIS 10:56:57 +0530
24-ia.1390.2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1390 OF 2020
IN
CRIMINAL APPEAL NO.469 OF 2020
Ramesh Manishsingh Rana ...Applicant.
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. D. S. Manerkar i/b D. S. Manerkar and Associates, for the
Applicant.
Ms. P. P. Shinde, A.P.P for the Respondent No.1 - State.
Mr. Rohit Yadav, for the Respondent No.2.
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : 28th JULY 2022
P.C. :
1. At the outset, learned counsel for the applicant seeks leave
to amend to delete the name of the prosecutrix from the array of
respondents and replace it with 'X'. Leave granted. Amendment to
be carried out forthwith.
2. Heard learned counsel for the parties.
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3. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
the aforesaid appeal.
4. The applicant vide Judgment and Order dated 21 st January
2020, passed by learned Additional District Judge - 1 (Special Judge), Vasai,
in Spl.(POCSO) Case No. 54 of 2018, has been convicted for the
offences punishable under Sections 376(2)(f)(i) of the Indian Penal
Code and under Sections 4, 5(n)(p) r/w 6 and 8 of the Protection of
Children from Sexual Offences Act ('POCSO Act'). For the offence
punishable under Section 6 of the POCSO Act, the applicant has been
sentenced to suffer imprisonment for life and with fine and hence no
separate sentence has been awarded for the offences punishable under
Sections 4 and 8 of the POCSO Act.
5. Perused the papers. The applicant is the grandfather of the
prosecutrix (PW1). A perusal of the evidence of the prosecutrix shows that
she has not supported her statement given before the police and hence was
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declared hostile. The learned Judge has convicted the applicant only on the
basis of the medical evidence i.e. of PW2 - Dr. Nidhi Kurkal.
6. Considering the fact that the prosecutrix has turned hostile and
has not supported the prosecution case, we allow the application and
accordingly suspend the sentence of the applicant and enlarge him on bail,
pending the hearing and final disposal of his Appeal, on the following terms
and conditions :-
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in the
sum of Rs.20,000/- with one or two sureties in the like amount;
ii) The Applicant shall report to the trial Court, once in three months on
the day/date specified by the trial Court, till his Appeal is finally disposed of;
iii) 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;
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iv) 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 an application seeking cancellation of
bail.
7. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
8. All concerned to act on the authenticated copy of this
order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
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