Chandrakant Ramchandra Jadhav vs The State Of Maharashtra And Anr
2023 Latest Caselaw 11122 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
               CRIMINAL APPEAL NO. 1187 of 2023
                            WITH
             INTERIM APPLICATION NO. 3919 OF 2023
                             IN
               CRIMINAL APPEAL NO. 1187 OF 2023


Chandrakant Ramchandra Jadhav                  .. Appellant
                         Versus
The State of Maharashtra                       .. Respondent
                                         ...

Mr. Dhananjay K. Bhosale with Mr.Pranav Borgave                       for the
appellant
Mr.S.R. Agarkar, APP for the State.

                            CORAM: BHARATI DANGRE, J.
                            DATED : 30th OCTOBER, 2023
P.C:-


Appeal No. 1187/2023

1                 Heard. Admit.

                  Call for Record and Proceedings.

2                 Learned APP waive notice for the State.

                  Notice shall be issued to respondent no.2 informing
her about the Appeal filed by the appellant, assailing his
conviction in Special Case No.10/2017, being admitted.


Tilak




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IA No. 3919/2023

3                 Heard learned counsel for the applicant and learned
APP for the State. Though the respondent no.2/complainant is
impleaded as the respondent, since there is not a statutory
mandate of hearing before the application for suspension of
sentence or any proceedings in progress, I have perused the
impugned judgment as well as the deposition of the witnesses on
which the learned Judge arrived at a conclusion that an offence
u/s.354D and 506 IPC is made out.

                  The victim is a married woman and she complained
about an incident when the accused followed her on his
motorbike and stopped his vehicle, one day and when she
questioned her, he threatened her.

                  After the incident is alleged to have taken place on
8/11/2016, the complaint was filed on 21/11/2016, pursuant to
which he was accused of stalking her and stand convicted for the
said offence.

4                 Since the delay is a material factor which ought to
have been considered by the learned Judge, while considering the
probability of the said incident, and particularly when the
sentence imposed upon him is of fixed term, I deem it
appropriate to suspend the same and secure his release on bail.
Hence, the following order :-

Tilak




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                                 ORDER

(a) Interim Application is allowed.

(b) The conviction imposed upon the applicant vide the impugned judgment dated 13/09/2023 in Spl. Sessions Case No.10/2017 is hereby suspended during the pendency of the Appeal.

(c) The appellant Chandrakant Ramchandra Jadhav shall continue to be on bail on furnishing fresh bail bonds.

( SMT. BHARATI DANGRE, J.)

Tilak