Bombay High Court
Maruti Kalu Kokare vs The State Of Maharashtra And Anr on 11 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:1848-DB
1 ia 1894 of 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1894 OF 2022
IN
APPEAL NO.800 OF 2022
Maruti Kalu Kokare ... Applicant/Appellant
Versus
The State of Maharashtra and Anr. ... Respondents
......
Mr.Abhay A. Jadhavar, Advocate for the Applicant/Appellant.
Mr.V.B. Konde - Deshmukh, Addl. P.P. for Respondent No.1-State.
Mr.Ajinkya Jaibhave, Advocate for Respondent No.2.
......
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 11th JANUARY 2024
P.C. :
Heard the learned counsel for the parties.
2 By this Application, the Applicant seeks suspension of
his sentence and enlargement on bail pending the hearing and
final disposal of his aforesaid Appeal.
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3 The Applicant vide judgment and order dated 20
January 2020, passed by the learned Special Judge and Additional
Sessions Judge, Pune, in Special Case No.107 of 2013 has been
convicted for the offences punishable under Sections 376 and 377
of Indian Penal Code (IPC) and Sections 4 and 6 of The
Protection of Children from Sexual Offences Act, 2012 (POCSO
Act). For the offence punishable under Section 376 of IPC, the
applicant has been sentenced to suffer rigorous imprisonment for
life and pay fine amount of Rs.10,000/-. In default of payment of
fine, the applicant to further undergo rigorous imprisonment of
six months.
- Perused the papers. The prosecution witnesses i.e.
P.W.1, the mother of the victim girl (the complainant), as
well as the victim girl, who is P.W.4, both, have turned
hostile and as such, have not supported the prosecution
case. P.W.1 in her cross examination has admitted that the
FIR is correct, except that the accused had ravished and
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raped her daughter. She has further admitted in her
evidence that no person by the name Anna is residing in
their vicinity. As far as P.W.4 is concerned, P.W.4 in her cross
examination has admitted that Anna was not the brother of
her father. She has further admitted that she was instructed
the by police to give answers as given by her, when her
statement under Section 164 statement was recorded in the
Court.
- Even P.W.5, grandmother of the victim girl has turned
hostile. The evidence of P.W.10, Assistant Chemical
Analyser shows that DNA of the victim was not found on
the clothes of the accused i.e. the applicant, the. The
Applicant in custody for 10 years.
7 Considering the aforesaid, the Application is allowed
and the applicant's sentence is suspended and he is enlarged on
bail, pending the hearing and final disposal of his aforesaid
Appeal on the following terms and conditions.
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:: O R D E R :
:
(i) The Applicant be enlarged on bail on furnishing P.R. Bond
in the sum of Rs.25,000/-, with one or two sureties in the
like amount;
(ii) The Applicant shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till their
appeal is finally disposed of;
(iii) The Applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change
of residence or mobile details, if any, from time to time;
(iv) If there are two consecutive defaults in appearing before the
trial Court, the learned Judge shall make a report to the
High Court and the prosecution would be at liberty to file
an application seeking cancellation of bail;
1 ia 1894 of 2022.doc
7 The Application is allowed in the aforesaid terms
and is accordingly disposed of;
8 All concerned to act on the authenticated copy of
this order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
