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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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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