Bombay High Court
Akaash S/O. Dilip Waghade vs The State Of Mah. Thr. Pso Ps Bela ... on 6 May, 2024
Author: M. W. Chandwani
Bench: M. W. Chandwani
2024:BHC-NAG:5345
15 APPA-1283-2023
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO.1283 OF 2023
IN
CRIMINAL APPEAL NO.797 OF 2023
[Akash Dilip Waghande ..Vs.. The State of Maharashtra and Anr.]
______________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Mr A. A. Choube, Advocate for Applicant/Appellant in Cri. Appeal No.797/2023.
Mr S. S. Sohoni, Advocate for Applicant/Appellant in Cri. Appeal No.229/2024.
Mr A. Gohokar, APP for Respondent/State.
CORAM : M. W. CHANDWANI, J.
DATE : 6th MAY, 2024.
. Heard.
2. By this application, the applicant is seeking suspension
of sentence in Special Case No.243 of 2016, passed by the
learned Special Judge, Nagpur, thereby convicting the
applicant alongwith other co-accused for the offences
punishable under Sections 366-A and 506 of the Indian
Penal Code, 1860 and under Section 6 of the Protection of
Children form Sexual Offences Act, 2012.
3. It is contended by the learned counsel for the applicant
that the name of the applicant does not appear in the First
Information Report (FIR). The FIR came to be lodged
against the main accused namely Anil Hansraj Neware. The
applicant has no role in this case and he has been falsely
implicated. There is no independent witness has been
examined. There is no Call Detail Reports on record. He
further submits that there are good chances to succeed in the
appeal. It is also contended that the sentence of one Yogesh
TAMBE
15 APPA-1283-2023
2
Sanjay Narad, having same role, has been suspended by the
Co-ordinate Bench of this Court. Therefore, on the ground of
parity, the application of the present applicant be allowed.
4. Per contra, learned Additional Public Prosecutor for the
respondent/State supports the impugned judgment and order
passed by the learned Special Judge, Nagpur. He submits that
there is sufficient evidence against the present applicant.
Even, there is recovery of motorcycle at the instance of
present applicant. According to him, the applicant has no
good case on merit and therefore, he sought rejection of the
application filed by the applicant.
5. Having gone through the impugned judgment and
order dated 01.09.2023 as well as the FIR, it reveals that in
FIR, the prosecutrix did not disclose the name of the present
applicant. However, the supplementary statement of the
victim is that the victim has stated about the role played by
the present applicant. The Co-ordinate Bench of this Court in
Criminal Application No.84 of 2024 in Criminal Appeal
No.42 of 2024, suspended the sentence of co-accused
namely Yogesh Sanjay Narad, mainly on the ground that
there were no allegations against the said accused in FIR. So
far as the submissions of the learned APP that there is
recovery of motorcycle at the instance of present applicant is
concerned, the panchas did not support the prosecution on
this regard, even the Investigating Officer, who seized the
motorcycle has not been examined, as he died.
TAMBE
15 APPA-1283-2023
3
6. Considering the fact that the sentence of co-accused
Yogesh Sanjay Narad has been suspended by the Co-ordinate
Bench of this Court, in my view, the case is made out for
suspension of sentence of the applicant also. Accordingly, I
proceed to pass the following order :
ORDER
i) The criminal application is allowed.
ii) The execution of the sentence is hereby
suspended, till final disposal of criminal appeal.
iii) The applicant be released on bail on his
executing P. R. Bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) with one
surety in the like amount.
iv) The applicant shall attend the Trial Court on
first day of every month and the Trial Court shall
record his presence.
v) The applicant shall furnish his Cell-phone
number and address alongwith address proof before
the Trial Court.
7. The criminal application stands disposed of accordingly.
CRIMINAL APPLICATION (APPA) NO.379 OF 2024 IN
CRIMINAL APPEAL NO.229 OF 2024.
8. List the matter on 08.05.2024.
(JUDGE)
Signed by: Mr. Ashish Tambe
Designation: PA To Honourable Judge
TAMBE
Date: 06/05/2024 18:48:15
