Goshpak Lalsab Sayyad @ Raja @ Baba ... vs State Of Maharashtra And Anr
2023 Latest Caselaw 5462 Bom

2023:BHC-AS:15621


                                                      1 of 2                     12.IA.1302.2023.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1302 OF 2023
                                                    IN
                                      CRIMINAL APPEAL NO.416 OF 2023

                    Aarati Sanjay Ghadage                                        Applicant
                          versus
                    The State of Maharashtra and another                         Respondents

                                                   WITH
                                    INTERIM APPLICATION NO.1360 OF 2023
                                                    IN
                                      CRIMINAL APPEAL NO.429 OF 2023

                    Goshpak L. Sayyad @ Raju @ Baba Sayyad                       Applicant
                                 versus
                    The State of Maharashtra and others                          Respondents

                    Mr.Rakesh Bhatkar with Mr.Mohan N. Devkule and Mr.Mohit Dalvi,
                    Advocate for Applicants in both applications.
                    Ms.P.N.Dabholkar, APP, for State.
                    Ms.Meghna Gowalani, Advocate for Respondent no.4 victim.

                                               CORAM :    PRAKASH D. NAIK, J.

                                               DATE   :   12th June 2023
                    PC :

                    1.       Interim Application No.1360 of 2023 is not on board. Upon
                    mentioning taken on board.
                    2.       The applicants in both the Interim Applications are seeking
                    suspension of sentences and grant of bail pending criminal appeals
                    preferred by applicants challenging the impugned judgment and
                    order.
                    3.       The applicants/original accused nos.2 and 3 are the husband
                    and wife. They are convicted for offences punishable under Sections
                    363, 365, 366 and 366A of IPC and maximum sentence imposed




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 upon applicants is to suffer imprisonment of five years.
 4.       The case of prosecution is that incident of sexual assault had
 occurred in the premises belonging to the applicants.                It is also
 alleged that applicants had provided shelter to the accused and
 victim.
 5.       Applicants were on bail during trial. Sentence is of short term.
 Learned APP and advocate for Respondent no.2 opposed the
 suspension of sentence and grant of bail.            It is submitted that
 applicants have aided and abetted the applicants in commission of
 crime.
 6.       Considering the fact that applicants were on bail during trial,
 the grounds urged in appeal, and sentence of short term, case for
 suspension of sentence is made out.
                                   ORDER

(i) Interim Application No.1302 of 2023 and Interim Application No.1360 of 2023 are allowed and disposed off;

(ii) The substantive sentence of imprisonment imposed vide judgment and order dated 4th March 2023 in Special Case No.6 of 2021 by Extra Joint District Judge & Additional Sessions Judge, Ratnagiri, is suspended till final disposal of criminal appeal, and applicants are directed to be released on bail on executing P.R bond in the sum of Rs.20,000/- each with one or two sureties in the like amount;

(iii) The applicants shall report Ratnagiri City Police Station once in six months on first Saturday of the month between 11 am and 1 pm till final disposal of respective criminal appeal.

(PRAKASH D. NAIK, J.) MST