Samadhan Pralhad Patil vs The State Of Maharashtra And ...
2023 Latest Caselaw 4651 Bom

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     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

           966 CRIMINAL APPLICATION NO.1055 OF 2023
                      IN APEAL/233/2023


Samadhan Parlhad Patil.                             ...Applicant

          VERSUS

1. The State of Maharashtra

2. X.Y.Z.                                        ...Respondents

                                  ...
           Advocate for Applicant : Mr.Patil Vijay Bhalerao
             APP for Respondent State : Mr.N.T.Bhagat
                                  ...

                                CORAM : R. G. AVACHAT, J.
                                DATE : 03.05.2023.

PER COURT :

1.              Heard.


2.              This application is for suspension of execution of

substantive sentence of imprisonment of 10 years.


3.              The applicant has been convicted for the offences

punishable under Sections 376(2), 452 and 506 of the Indian

Penal Code and Section 4 and 6 of the Protection of Children

from Sexual Offences Act. The maximum sentence he is




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supposed to undergo is of 10 years since all sentences have

been directed to run concurrently.


4.              Pending the trial, the applicant was on bail.                        The

victim did not name the applicant in the First Information

Report. It is only in her subsequent statement, she named the

applicant. The D.N.A. report ruled out that the applicant to be

biological father of the newly born child, which died later on. As

such, except the testimony of the victim, there is nothing

against the applicant. These are the prima-facie observations.

Hence, the application is allowed in terms of the following order :

                                       ORDER

        (a)      The application is allowed.
        (b)      Pending       the   appeal,   the   execution      of    substantive

sentences of imprisonment imposed upon the applicant by the learned Additional Sessions Judge, Bhusawal in Special (POCSO) Case No. 03 of 2016, by the judgment and order dated 09.02.2023 to stand suspended and the applicant is released on bail on their executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety each in the like amount.

( R. G. AVACHAT ) JUDGE

mahajansb/