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Santosh Ramdas Ghotekar vs The State Of Maharashtra on 19 March, 2019

APPA 1761-18.doc

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 1761 OF 2018
IN
CRIMINAL APPEAL NO. 1236 OF 2018

Santosh Ramdas Ghotekar .Applicant

Vs.

The State of Maharashtra .Respondent

Mr. V. L. Kolekar, Advocate, for the Applicant
Mrs. P. P. Shinde, APP, for the Respondent – State

CORAM : REVATI MOHITE DERE, J.

DATE : 19.03.2019
P.C.

. Heard 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 Appeal.

3. Learned counsel for the Applicant states that the

allegation as against the Applicant is that the Applicant and his

family members were demanding Rs. 1,00,000/- for purchasing a

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generator and that pursuant to the said demand, an amount of Rs.

20,000/- was given by them. He submits that there is discrepancy

in the evidence of the witnesses as to who had paid the amount of

Rs. 20,000/-, as alleged. He submits that the allegations are not

sufficient to bring home the charge under Sections 498A 304B

of the Indian Penal Code. He submits that the Applicant was on

bail pending trial.

4. Learned APP opposes the Application.

5. Perused the papers. The Applicant and his family

members i. e. his parents, brother and sister-in-law were all

prosecuted for the offences punishable under Sections 304B,

498A, 323 and 504 r/w 34 of the Indian Penal Code. According to

the prosecution, the deceased – Anita committed suicide by

consuming poison in her matrimonial home on account of the

ill-treatment meted out to her, on account of non-payment of

Rs. 1,00,000/- for purchasing a generator. It is alleged that all the

accused used to ill-treat her on account of non-fulfilment of the

same. The prosecution has examined PW. 1 ( father of deceased –

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APPA 1761-18.doc

Anita ), PW. 2 ( uncle of deceased – Anita ) in support of its case,

to show demand as well as ill-treatment. According to PW. 1, he

had paid an amount of Rs. 20,000/- out of Rs. 1,00,000/- to the

accused, whereas according to the PW. 2, the said amount was

paid by him. On the conclusion of the trial, the learned Sessions

Judge acquitted the Applicant’s parents, brother and sister-in-law

and convicted the Applicant for the offences punishable under

Sections 304B, 498A 323 of the Indian Penal Code. The

sentence imposed is seven years for the offence punishable under

Section 304B of the Indian Penal Code. It is not in dispute that the

Applicant was on bail pending trial. The sentence imposed is a

short term sentence. The Appeal was admitted by this Court vide

order dated 07.12.2018. The Appeal is not likely to be heard in

the immediate near future.

6. Learned APP does not dispute the fact that the

Applicant has not misused / abused liberty granted to him whilst

on bail.

7. Considering the aforesaid, the Application is allowed.

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The Applicant’s sentence is suspended and he is enlarged on bail

pending the hearing and final disposal of his Appeal on the

following terms conditions :-

O R D E R

(i) The Applicant be released on bail on his furnishing

P. R. Bond in the sum of Rs. 20,000/- with one or two local

sureties in the like amount;

(ii) The Applicant shall report to the learned Sessions

Judge, Nasik once in three months on the date assigned by the

learned Sessions Judge. Upon failure to attend any two

consecutive dates, the learned Sessions Judge, Nasik shall make

report to the High Court and the prosecution would be at liberty

to file an Application seeking cancellation of bail.

8. The Application is, accordingly, disposed of.

All concerned to act on the authenticated copy of this

order.

(REVATI MOHITE DERE, J.)

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