Arvind Mahadev Patil vs State Of Maharashtra And Anr
2023 Latest Caselaw 12547 Bom

Bombay High Court

Arvind Mahadev Patil vs State Of Maharashtra And Anr on 11 December, 2023

Author: Gauri Godse

Bench: Revati Mohite Dere, Gauri Godse

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    2023:BHC-AS:37357-DB
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PATHAN      Date:                                                                14-IA-880-2023.doc
            2023.12.13
            16:07:58
            +0530

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 880 OF 2023
                                                     IN
                                       CRIMINAL APPEAL NO. 399 OF 2023
                                                   WITH
                                       CRIMINAL APPEAL NO. 399 OF 2023


                    Arvind Mahadev Patil                              ...Applicant/Appellant
                         Versus
                    The State of Maharashtra & Anr.                   ...Respondents

                                                     WITH
                                         CRIMINAL APPEAL NO. 124 OF 2022


                    Manisha Arvind Patil & Anr.                       ...Appellants
                         Versus
                    The State of Maharashtra & Anr.                   ...Respondents


                    Mr. Shashikant D. Chandak, Appointed Advocate                          a/w
                    Ms. Kanchan S. Chandak, for the Applicant/Appellant

                    Mr. S. V. Gavand, Addl.P.P for the Respondent No.1-State

                    Ms. Devyani Kulkarni, Appointed Advocate for the Respondent
                    No. 2


                                                    CORAM : REVATI MOHITE DERE &
                                                             GAURI GODSE, JJ.

MONDAY , 11th DECEMBER 2023

14-IA-880-2023.doc

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 the aforesaid appeal.

3 The applicant vide judgment and order dated 13 th

February 2019, passed by learned Sessions Judge, Palghar, in

Special Case (POCSO) No. 14/2014, has been convicted and

sentenced, along with co-accused, as under:

- for the offence punishable under Section 376(2) of

the Indian Penal Code, to suffer life imprisonment and to

pay fine of Rs.5,000/- in default, to suffer rigorous

imprisonment for 6 months;

- for the offence punishable under Section 506(2) of

the Indian Penal Code, to suffer rigorous imprisonment for

14-IA-880-2023.doc

5 years and to pay fine of Rs.1,000/- in default, to suffer

rigorous imprisonment for 6 months.

- for the offence punishable under Section 6 of the

Protection of Children from Sexual Offences Act, to suffer

life imprisonment and to pay fine of Rs.5,000/- in default,

to suffer rigorous imprisonment for 6 months.

All the aforesaid sentences were directed to run

concurrently.

4 Perused the papers. The prosecutrix (PW 2) was aged

15 years at the relevant time. The applicant is her maternal

uncle, a married man, aged 51 years at the relevant time. On a

perusal of the evidence of PW 2, it appears that the applicant

sexually assaulted PW 2, as a result of which, she became

pregnant. The DNA report shows that the applicant is the father

of the child.

14-IA-880-2023.doc

5 Considering the aforesaid, this is not a fit case to

enlarge the applicant on bail. Hence, the Interim Application

No. 880/2023 is rejected.

6 Since the applicant is in custody since 2014, appeal to

be listed at the end of the admission board for final disposal on

26th February 2024 along with Appeal No. 124/2022 filed by the

co-accused.

GAURI GODSE, J. REVATI MOHITE DERE, J.