Arvind Mahadev Patil v. State Of Maharashtra And ANR.
Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:
2023.12.13 16:07:58 +0530 SHAGUFTA QUTBUDDIN PATHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 880 OF 2023 IN CRIMINAL APPEAL NO. 399 OF 2023 WITH CRIMINAL APPEAL NO. 399 OF 2023 Arvind Mahadev Patil ...Applicant/Appellant
Versus
The State of Maharashtra & Anr.
...Respondents
WITH CRIMINAL APPEAL NO. 124 OF 2022 Manisha Arvind Patil & Anr.
...Appellants
Versus
The State of Maharashtra & Anr.
...Respondents
Mr. Shashikant D. Chandak, Appointed Advocate a/w Ms. Kanchan S. Chandak, for the Applicant/Appellant Mr. S. V. Gavand, Addl.P.P for the Respondent No.1-State Ms. Devyani Kulkarni, Appointed Advocate for the Respondent No. 2 CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.
MONDAY , 11 th DECEMBER 2023 1/4
P.C :
Heard learned counsel for the parties.
By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the aforesaid appeal.
The applicant vide judgment and order dated 13th February 2019, passed by learned Sessions Judge, Palghar, in Special Case (POCSO) No. 14/2014, has been convicted and sentenced, along with co-accused, as under:
- for the offence punishable under Section 376(2) of the Indian Penal Code, to suffer life imprisonment and to pay fine of Rs.5,000/- in default, to suffer rigorous imprisonment for 6 months;
- for the offence punishable under Section 506(2) of the Indian Penal Code, to suffer rigorous imprisonment for 2/4
5 years and to pay fine of Rs.1,000/- in default, to suffer rigorous imprisonment for 6 months.
- for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, to suffer life imprisonment and to pay fine of Rs.5,000/- in default, to suffer rigorous imprisonment for 6 months. All the aforesaid sentences were directed to run concurrently.
Perused the papers. The prosecutrix (PW 2) was aged 15 years at the relevant time. The applicant is her maternal uncle, a married man, aged 51 years at the relevant time. On a perusal of the evidence of PW 2, it appears that the applicant sexually assaulted PW 2, as a result of which, she became pregnant. The DNA report shows that the applicant is the father of the child.
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Considering the aforesaid, this is not a fit case to enlarge the applicant on bail. Hence, the Interim Application No. 880/2023 is rejected.
Since the applicant is in custody since 2014, appeal to be listed at the end of the admission board for final disposal on 26th February 2024 along with Appeal No. 124/2022 filed by the co-accused.
GAURI GODSE, J.
REVATI MOHITE DERE, J.
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