Arun Laxman Koli vs The State Of Maharashtra And Anr
2023 Latest Caselaw 12551 Bom

Bombay High Court

Arun Laxman Koli vs The State Of Maharashtra And Anr on 11 December, 2023

Author: Gauri Godse

Bench: Revati Mohite Dere, Gauri Godse

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PATHAN    2023.12.13                                                                      7-IA-153-2019.doc
          15:30:53
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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO. 153 OF 2019
                                                       (For Bail)
                                                          IN
                                           CRIMINAL APPEAL NO. 1234 OF 2019
                                                         WITH
                                           CRIMINAL APPEAL NO. 1234 OF 2019

                     Arun Laxman Koli                                           ...Applicant/Appellant
                          Versus
                     The State of Maharashtra & Anr.                            ...Respondents

                     Mr. Umesh R. Mankapure a/w Ms. Stely J. Dias for the
                     Applicant/Appellant

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

                     Mr. Vinay J. Bhanushali, Appointed Advocate for the Respondent
                     No. 2

                                                        CORAM : REVATI MOHITE DERE &
                                                                 GAURI GODSE, JJ.

MONDAY, 11th DECEMBER 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 the appeal.

7-IA-153-2019.doc

3 The applicant, vide judgment and order dated 19th August

2019 passed by the learned Sessions Judge-2, Sangli, in Special Case

(POCSO) No. 10/2017, has been convicted and sentenced as under:

- for the offence punishable under Section 375 sixthly r/w

Section 376(1) of the Indian Penal Code r/w Section 5(1) r/w

Section 6 of the Protection of Children from Sexual Offences

Act, to suffer rigorous imprisonment for life and to pay fine of

Rs.500/-, in default of payment of fine, to undergo rigorous

imprisonment for 1 month;

- for the offence punishable under Section 363 r/w 366 of

the Indian Penal Code, to suffer rigorous imprisonment for 5

years and to pay fine of Rs.500/-, in default of payment of fine,

to undergo rigorous imprisonment for 1 month.

All the sentences were directed to run concurrently.

4 Perused the papers. The prosecutrix (PW 1) at the

relevant time, was aged 13 years and 5 months, whereas, the applicant

7-IA-153-2019.doc

was about 20 years of age. From a perusal of the evidence of the

prosecutrix, it appears that she was sexually assaulted on two

occasions whilst going to the school i.e. on 28th November 2016 and 1st

December 2016. The said evidence is duly corroborated by the

evidence of PW 3-Dr. Rohan Shirodkar. Although learned counsel for

the applicant alleges some discrepancy in the name of the mother of

the prosecutrix in her School Leaving Certificate, no question was put

to the prosecutrix in respect of the same, except to PW 5, the mother of

the prosecutrix.

5 Considering the evidence on record, this is not a fit case to

enlarge the applicant on bail. Hence, Interim Application No.

153/2019 is rejected and as such, the application stands disposed of.

6 Appeal be listed on the final hearing board in the week

commencing January 2024 at its appropriate place as per its turn.

            GAURI GODSE, J.                               REVATI MOHITE DERE, J.