Bombay High Court
Gajanan Prabhakar Salokhe vs State Of Maharashtra on 29 November, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3959 OF 2022
IN
CRIMINAL APPEAL (ST) NO.20116 OF 2022
Gajanan Prabhakar Salokhe .... Applicant
versus
State of Maharashtra .... Respondent
.......
• Mr. Anand S. Patil, Advocate for Applicant.
• Mr. S. R. Agarkar, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 29th NOVEMBER, 2022
P.C. :
1. This is an Application for bail pending final disposal of
Criminal Appeal (ST) No.20116 of 2022 filed by the Applicant
challenging the judgment and order dated 02.09.2022 by
learned Additional Sessions and Special Judge, Kolhapur in
Sessions Case No.44 of 2017.
2. The Applicant was convicted for commission of offence
punishable under Sections 355, 323 of the Indian Penal Code.
The major punishment imposed on him was for three months
Shabnoor
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besides imposition of fine. He was acquitted from the offence
punishable under the Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
3. Learned counsel for the Applicant submitted that on
merits, he has a good case. There was a delay of seven days in
approaching the police with his grievance by the first informant.
The offence is not true. Basically, there was a quarrel between
children of the first informant and the Appellant. He is
needlessly roped in. He submitted that the sentence is short. The
Applicant was on bail during trial. He has not misused that
liberty. Even after conviction, he was granted bail under Section
389 of the Code of the Criminal Procedure.
4. Learned APP on merits submitted that there is concrete
evidence of the teachers from the school where the incident had
taken place. However, he conceded that the sentence is short.
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5. I have considered these submissions. The manner in
which the incident had allegedly taken place is a quite
disturbing. Therefore, though I am granting bail because of short
sentencing, all these factors will have to be decided at the final
hearing stage. At the same time, considering the nature of
allegations certain conditions will have to be imposed on the
Applicant.
6. Hence, the following order :
ORDER
(i) During pendency and final disposal of the
Criminal Appeal (ST) No.20116 of 2022, the
Applicant is directed to be released on bail on
his furnishing P.R. bond in the sum of
Rs.30,000/- (Rupees Thirty Thousand only),
with one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned police
station once every month for the period of nine
months from today.
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(ii) Interim Application stands disposed of
accordingly.
(SARANG V. KOTWAL, J.)
