Bombay High Court
Sanjay Rajaram Kadam vs State Of Maharashtra on 10 March, 2023
Bench: Bharati Dangre
1/4 IA 792-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 792 OF 2023
IN
CRIMINAL APPEAL NO. 228 OF 2023
Sanjay R. Kadam .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mrs.Mallika Ingale with Mr.N.M. Nadar for the applicant.
Mr.S.R. Agarkar, APP for the State.
CORAM: BHARATI DANGRE, J.
DATED : 10th MARCH 2023
P.C:-
1 The applicant has been convicted for the offence
punishable u/s.376(2)(n) of IPC and he is sentenced to suffer RI
for 10 years and to pay fine of Rs.50,000/-, in default, to undergo
SI for two months.
The applicant is also convicted of the offence
punishable u/s.506 IPC and sentenced to suffer RI for two years
and pay fine of Rs.10,000/-, in default to undergo SI for 15 days.
Both sentences are directed to run concurrently.
Tilak
2/4 IA 792-23.doc
2 Appeal filed by the appellant is admitted on
3/3/2023, and the Record and Proceedings with paper books are
called for. Pending the Appeal, the applicant has taken out
Interim Application seeking suspension of sentence.
While hearing the said application, on 3/3/2023, this
Court recorded that out of the relationship of the applicant to the
prosecutrix, a child is born and DNA establish that the applicant
is a biological father of the child delivered by the prosecutrix/
PW 1. Considering the welfare of the child, the applicant
expressed his willingness to make some financial provision of his
maintenance and therefore, he was directed to file an affidavit to
that effect.
3 Today, the learned counsel for the applicant has
placed on record the affidavit of the applicant, which is affirmed
before the Prison Officer, Aurangabad Central Prison on
8/3/2023. The said affidavit is taken on record. In the said
affidavit, the applicant has made the following statement :-
"2 I undertake to deposit amount of Rs. 50,000/-
(Rupees Fifty thousand only) in the trial court. I say that,
for the benefit of child, the same can be withdrawn by
the complainant in the present case"
4 Apart from this, Mrs.Mallika Ingale has informed that
the fine imposed under the judgment against which the present
Appeal has been preferred, to the tune of Rs.50,000/- plus
Rs.10,000/- is already deposited in the trial court.
Tilak
3/4 IA 792-23.doc
Though the applicant has expressed willingness to
deposit the amount of Rs.50,000/- for maintenance of the child
who is now above five years, I deem it appropriate to direct the
applicant to deposit a sum of One lakh within a period of six
weeks, out of which Rs.50,000/- shall be deposited as per
undertaking along with an additional amount of Rs.50,000/-
within a period of four weeks before the trial court and the entire
amount is permitted to be withdrawn by the prosecutrix.
5 Since it is informed that the applicant was on bail
throughout the trial, and there is no allegation by the prosecution
that he has misused his liberty, and prima facie, it can be seen that
the relationship between the applicant and prosecutrix was a
consensual one, she being a major and capable of understanding
the consequences of the act, I deem it appropriate to suspend the
sentence imposed upon the applicant in Sessions Case
No.10/2017, where he is convicted of the offence u/s.376(2)(n)
and 506 IPC.
6 Interim Application No. 792/2023 is thus allowed
in terms of prayer clause (a).
The applicant be directed to be released on bail
subject to the same terms and conditions on which he was
released on bail by the trial Court provided he furnish fresh bail
bonds.
Tilak
4/4 IA 792-23.doc
This is, however, subject to the compliance being
ensured by the applicant as regards the deposit of amount of
Rs.One lakh for the welfare of the child, born out of the alleged
relationship, whether consensual or not.
( SMT. BHARATI DANGRE, J.)
Tilak
