Latabai Satish Sonawane And ... vs The State Of Maharashtra
2023 Latest Caselaw 7340 Bom

2023:BHC-AUG:15423

                                                   1                          44-CrAn-1930-23.odt




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD


                                   CRIMINAL APPLICATION NO.1930 OF 2023
                                  IN APEAL/462/2023 WITH APEAL/462/2023


                1.      Latabai Santosh Sonawane,
                2.      Butabai Pintu @ Rajendra Chandanshiv          ..      Applicants
                             Versus
                        The State of Maharashtra                      ..      Respondent

                Advocate for Applicants : Mr. Deepak D. Choudhari
                APP for Respondent : Ms. V. N. Patil Jadhav


                                                       CORAM :        S. G. MEHARE, J.

                                                       DATE       : 24-07-2023

                PER COURT :-

1. Leave granted to correct the name and address of applicant

No.1. Amendment be carried out forthwith.

2. Heard the learned counsel for the applicant and the learned

A.P.P. for the respondent/State.

3. By the present application, the applicants are seeking

suspension of sentence imposed upon them to suffer rigorous

imprisonment for five years for the offence punishable under

Section 366 read with Section 34 of the Indian Penal Code, by the

learned Additional Sessions Judge, Jalgaon, in Sessions Case

No.327 of 2019 dated 28.04.2023.

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4. The learned counsel for the applicants would submit that the

evidence to hold the accused guilty was insufficient. Their role

allegedly attributed in the crime was not properly appreciated.

The applicants have been acquitted from the main offence of

committing sexual assault. It is a short term sentence. There

were no previous conviction against the applicants. They are

permanent residents of Mhaswad, District Jalgaon.

5. The learned A.P.P. would submit that prima facie there was

involvement of the applicants. They were indulging in the similar

activities. For the first time, they have been arraigned as an

accused. The victim woman has been victimized with the

assistance of another woman. The offence has been proved

against the applicants. There is no scope to reappreciate the

evidence. Hence, the application may be rejected.

6. Perused the impugned judgment and order. Its a short term

sentence. Both applicants are women having no previous

conviction or any crime registered against them. Considering their

profession, possibility of implicating them falsely cannot be ruled

out. The victim was a major. So, considering the over all facts and

the facts of the case, applicants are entitled to suspension of

sentence. Hence, the order:-

i)       Application is allowed.





                                      3                       44-CrAn-1930-23.odt



ii)      The execution, implementation, effect and operation of the

sentence imposed upon the applicants to suffer rigorous

imprisonment for five years for the offence punishable under

Section 366 read with Section 34 of the Indian Penal Code, in

Sessions Case No.327 of 2019 by the learned Additional

Sessions Judge, Jalgaon on 28.04.2023, is suspended till

conclusion of the appeal.

iii) Applicants Nos. (1) Latabai Santosh Sonawane and (2)

Butabai Pintu @ Rajendra Chandanshiv, be released on bail,

on furnishing P.B. and S.B. of Rs.50,000/- each, with one

solvent surety of like amount.

iv) Bail before the learned Additional Sessions Judge at Jalgaon.

v)       List the appeal on 21.08.2023.




                                          ( S. G. MEHARE )
                                                  JUDGE


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