Sindhubai Bandu Dhotre vs The State Of Maharashtra
2024 Latest Caselaw 24854 Bom

Bombay High Court

Sindhubai Bandu Dhotre vs The State Of Maharashtra on 27 August, 2024

Author: R.G. Avachat

Bench: R.G. Avachat

2024:BHC-AUG:19447-DB
                                                                          904-APPLN-1158-24.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 1158 OF 2024
                            IN CRIMINAL APPEAL NO. 260 OF 2024

          Sindhubai Bandu Dhotre                                 ..APPLICANT
                VERSUS
          State of Maharashtra                                   ..RESPONDENT

                                                ....

Mr. C.C. Deshpande, Advocate for applicant Ms. U.S. Bhosale, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 27th AUGUST, 2024

PER COURT :

1. This is an application for suspension of sentence imposed by

Additional Sessions Judge, Ambad in Sessions Case No. 69 of 2021 vide

judgment and order dated 13th February, 2024 thereby convicting the

applicant for the offences punishable under Sections 302 and 498-A of the

Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

2. Learned counsel for the applicant submits that the applicant is a

woman, aged sixty three years and recently her husband has passed away.

He submits that the applicant was on bail during the entire trial. He submits

that there is a child of the deceased, who was her daughter-in-law, for which

no one is there to take care. He urged for allowing the application.

904-APPLN-1158-24.odt

3. The application is vehemently opposed by learned A.P.P. She

submits that sympathy and gender cannot be the grounds for grant of bail in

such offences. She further submits that the trial Court has rightly appreciated

the evidence and convicted the applicant. She ultimately urged for rejection

of the application.

4. There is no dispute that the applicant, who is a woman and aged

sixty three years, was on bail during trial. The appeal would not come up for

final hearing in near future. There is also no dispute that she lost her

husband recently. Considering all these aspects, we are inclined to allow the

application.

5. In view of above, the execution of substantive sentence of

imprisonment to stand suspended pending the appeal. The applicant be

released on her executing P.R. bond in the sum of Rs.15,000/- (Rupees

Fifteen Thousand) with one surety in the like amount.

6. Criminal application stands disposed of accordingly.

      ( NEERAJ P. DHOTE, J. )                     ( R.G. AVACHAT, J. )
SSD