Sachin Khandu Pansare v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 298 OF 2024 IN CRIMINAL APPEAL NO. 46 OF 2024 Sachin Khandu Pansare ...

Applicant/Appellant V/s.

State of Maharashtra & Anr.

...

Respondents ------------------- Mr. Nitin H Sejpal with Mrs. Pooja N. Sejpal, for the appellant. Mr. A.R. Patil, APP, for the respondent / State. Mr. Viresh Purwant with Mr. Suraj Gadkari, for respondent no. 2. VARSHA DEEPAK GAIKWAD --------------------- VARSHA DEEPAK GAIKWAD Date: 2024.04.16 17:02:28 +0530 CORAM : KISHORE C. SANT, J.

DATE : 16TH APRIL 2024.

PC:

1.

Heard for sometime.

2.

This is a case where the accused was tried for offence punishable under section 376 of Indian Penal Code. He is found guilty by the Additional Session Judge-1, Khed-Rajgurunagar, Pune in Sessions Case No. 176 of 2014 vide judgment and order dated 13th December 2023 and he is sentenced to suffer RI for 7 years and to pay fine of Rs. 10,000/- in default, to suffer SI for 6 months. 3.

Learned advocate for the applicant submits that now the victim and the accused have got married and there is one child born out of the marriage. Both are staying together and there is no 11-ia-298-2024 in apeal-46-2024.doc varsha

complaint as of now.

4.

Learned advocate for the victim has produced on record affidavit of the victim stating that she has no objection to allow the application. During the trial the applicant was on bail. He has married to victim and now are having one child. On affidavit she has stated that she has no objection to allow the application. 5.

Considering the fact that now the victim and accused have got married and there is also child born out of marriage, this Court finds that no purpose would be served under such circumstances. Even during the trial the applicant was on bail and there is no complaint of misuse of liberty. In view of the above, the application deserves to be allowed. Hence the following order:

ORDER

i) Application is allowed.

ii) Sentence awarded by the Additional Session Judge-1, Khed-Rajgurunagar, Pune in Sessions Case No. 176 of 2014 vide judgment and order dated 13th December 2023 stands suspended.

iii) The applicant shall be released on bail on furnishing P.R. bond Rs. 15,000/- and one solvent surety in the like amount, subject to pending of the fine amount if not paid in the trial Court.

5.

With this, the application stands disposed of. (KISHORE C. SANT, J) 11-ia-298-2024 in apeal-46-2024.doc varsha