Bombay High Court
Ravindra Narayan Nalawade vs The State Of Maharashtra And Anr on 30 June, 2022
Bench: A.S. Gadkari
CAJ 11.IA-578.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 578 OF 2022
IN
CRIMINAL APPEAL NO. 408 OF 2022
Ravindra Narayan Nalwade. ... Applicant
V/s.
The State of Maharashtra And Anr. ... Respondents
Mr. Abhay A. Jadhavar for Applicant.
Ms. S. S. Kaushik, APP for Respondent No.1-State.
CORAM : A.S. GADKARI, J.
DATE : 30th June 2022.
P.C. :
This is an Application for suspension of sentence and releasing
Applicant on bail.
2. Applicant has been convicted under Sections 376(2)(l)(n) and
506 of the Indian Penal Code (for short, "IPC") and is sentenced to suffer
maximum rigorous imprisonment of ten years and also to pay fine of
Rs.5,000/- by the learned Additional Sessions Judge, Pune in Sessions Case
No.744 of 2014, by it's Judgment and Order dated 3rd November 2016.
3. Mr. Jadhavar, learned Advocate appearing for the Applicant
submitted that, since the date of his arrest, the Applicant is behind bars and
till date he has undergone imprisonment of approximately six and half years
CAJ 11.IA-578.2022.odt
out of total sentence of ten years. He submitted that, he is not aware of the
fact whether as of today the Applicant has deposited fine amount in the
registry of the Trial Court or not. He further submitted that before his actual
release from jail, the Applicant will deposit the said fine amount if not
deposited earlier without any demur.
4. Record indicates that, the contention of leanred Advocate for the
Applicant that the Applicant is behind bars since last about six and half years,
appears to be correct. Applicant has been sentenced to undergo maximum
rigorous imprisonment for ten years. Apart from the facts noted in para No.3
above, perusal of testimony of prosecutrix copouled with the observations and
facts recorded by the Trial Court in para No.3 of the impugned Judgment and
Order dated 3rd November 2016, prima facie indicates that, the relations
between Applicant and prosecutrix were consensual and it is the reason the
prosecutrix accompanied Applicant willlingly to undergo termination of her
pregnency at a hospital at Bhosari, Pune.
In view thereof, during the pendency of the present Appeal, the
substantive sentence imposed upon the Applicant can be suspended and he
can be released on bail.
5. Hence, the following Order :-
(i) Applicant be released on bail in Sessions Case
No.744 of 2014, arising out of C.R. No. 177 of 2014
CAJ 11.IA-578.2022.odt
registered with Bhosari Police Station, District Pune,
on his furnishing P.R. bond of Rs.25,000/- with one
or two solvent local sureties in the like amount.
(ii) Applicant is permitted to furnish cash bail for a
period of 12 weeks from today and during the said
period he is directed to comply with the condition of
furnishing sureties as directed herein above.
(iii) Applicant is directed to deposite entire fine amount
in the registry of the Trial Court before his actual
release from jail if not deposited earlier.
(iv) After his release from jail and during the pendency
of present Appeal, Applicant is directed to attend
Bhosari Police Station, District Pune, on every first
Monday of the month initially for a period of 1 year
and thereafter on every first Monday of every 3 rd
month, i.e. 4 times in a year.
(v) Applicant is directed not to contact or threaten the
prosecutrix.
7. Application is allowed in the aforesaid terms.
[A.S. GADKARI, J.]
