Bombay High Court
Prabhakar Baban Patil vs State Of Maharashtra And Anr on 27 April, 2023
Bench: R.P. Mohite-Dere, Sharmila U. Deshmukh
2023:BHC-AS:12829-DB
26. IA 1123-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1123 OF 2023
IN
CRIMINAL APPEAL NO. 347 OF 2023
Prabhakar Baban Patil ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Ms. Priyanka Nawale, for the Applicant.
Mrs. P.P.Shinde, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : 27th APRIL, 2023
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final
disposal of his aforesaid appeal.
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3. The applicant, vide Judgment and Order dated 28 th
February, 2023, passed by the learned Extra Joint District and
Additional Sessions Judge, Panvel-Raigad, has convicted the applicant
for the offence punishable under Section 363, 366, 376(2)(n) of the
Indian Penal Code and Sections 3,4,5(l) & (n) r/w 6 of the Protection
of Children from Sexual Offences Act, 2012, and has been sentenced
to suffer life imprisonment till remainder of his life under Section
376(2)(n) of the Indian Penal Code.
4. Perused the papers, in particular, the statement of the
prosecutrix, who, at the relevant time, was aged about 16 years 4
months. A perusal of the statement of the prosecutrix shows that she
has not revealed the nature of act committed by the appellant all that
she has stated is that she cannot tell what the accused was doing with
her during night hours. A perusal of the evidence of Dr. Minakshi
Sawant (PW4) shows that in the history given by the victim, she had
disclosed as under;
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"Patient says she knows the boy since 1 yr. She had gone
with the boy and was with him since last 11 days and went
to Jejuri & Kolhapur with him. She had sexual relations
on two occasions in those 11 days."
5. A perusal of the impugned Judgment and Order does not
show how the learned Judge has come to the conclusion on the basis
of the aforesaid evidence for convicting the applicant. It is not in
dispute that the appellant was on bail, pending trial and has not
abused the liberty granted to him.
6. Learned APP as well as learned Counsel appearing for the
respondent No.2 do not dispute the evidence that has come on record.
Vide order dated 28th March, 2023, we have admitted the appeal.
The appeal is not likely to be heard in the immediate near future.
7. Having regard to the nature of the evidence that has come
on record, the applicant's sentence is suspended and he is granted
interim bail, pending the hearing and final disposal of his Appeal, on
the following terms and conditions :
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ORDER
(i) The Applicant be enlarged on bail on furnishing P.R. Bond
in the sum of Rs.25,000/- 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
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
(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.
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8. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
9. All concerned to act on the authenticated copy of this
order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
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