Kishor Rajendra Sankal v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3908 OF 2023 IN CRIMINAL APPEAL NO. 1283 OF 2023 Kishor Rajendra Sankal ...

Appellant V/s.

State of Maharashtra & Anr.

...

Respondents ------------------- Ms. Prachi Tatake, for the appellant.

VARSHA DEEPAK GAIKWAD Mr. A.R. Patil, APP, for the State.

--------------------- VARSHA DEEPAK GAIKWAD Date: 2024.04.17 15:51:47 +0530 CORAM : KISHORE C. SANT, J.

DATE : 16TH APRIL 2024.

PC:

1.

Heard for sometime.

2.

Learned advocate for the applicant submits that the accused - applicant was hardly 19 years of age at the time of offence. The learned trial Court has also observed that the accused have committed this offence just out of curiosity. She thus submit that the applicant be released on bail by suspending the sentence. 3.

Learned APP submits that looking to the age of the girl who was hardly 4 years and 4 months of age at the time of incident. This 6-ia-3908-2023 in apeal-1283-2023.doc varsha

offence is heinous offence and no bail should be granted. 4.

Considering that the offence is heinous offence, merely because the age of the applicant was only 19 years, could not be taken as drought to allow the application. It is only a matter of satisfying the curiosity and that it is seen that there is penetrative sexual assault on the small girl of hardly 4 years and 4 months, this Court is not of the opinion to allow the application. The application is, therefore, rejected and is disposed of accordingly.

5.

The applicant is at liberty to move this Court for early hearing of the appeal.

(KISHORE C. SANT, J) 6-ia-3908-2023 in apeal-1283-2023.doc varsha