Arvind Jamna Patel v. Union Territory Of Dadra And Nagar Haveli And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL APPLICATION NO.1338 OF 2015 IN CRIMINAL APPEAL NO.691 OF 2013 Arvind Jamna Patel ...

Applicant V/s.

Union Territory of Dadra and Nagar Haveli and Anr.

...

Respondents .....

Shri B.D.Joshi, Advocate for the Applicant.

Smt.P.H.Kantharia, Public Prosecutor for Respondent No.1. Smt.Darshana Pawar, Advocate for Respondent No.3. Smt.M.R.Tidke, APP for the Respondent - State. ....

CORAM :

ABHAY M. THIPSAY J.

DATED :

29TH OCTOBER 2015 P.C.

Heard Shri B.D.Joshi, learned counsel for the applicant /appellant. The appeal filed by the applicant challenging his conviction has already been admitted, but the court had refused to suspend the sentence imposed upon him, during the pendency of the appeal. Now the prayer for suspension of the sentence and bail is renewed on the ground that the prosecutrix and applicant have now married each other, and that, the prosecutrix herself wants that the applicant be released on bail. The affidavit of the prosecutrix in that regard is tendered and the same is taken on record.

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Smt.P.H.Kantharia, learned Public Prosecutor seeks time to verify whether the prosecutrix has made the affidavit voluntarily and indeed seeks that the applicant should be released on bail.

In the circumstances, kept back till 3.00 p.m. Later on :

4.

The learned Additional Public Prosecutor submits that she has interviewed the prosecutrix and, that the prosecutrix states that the dispute between the parties has been amicably resolved and that the prosecutrix though has not yet formally married the appellant, intends to do so.

5.

The learned counsel for the applicant submits that the appellant has, even otherwise, a good case on merits and that he was held to be guilty of rape on the basis that the appellant had obtained the consent of the prosecutrix/victim by giving a false promise to marry her.

6.

In the ordinary course, the appeal cannot be taken up for hearing forthwith. The appellant is in custody for a period of about two years and nine months. The prosecutrix not only does not object to the suspension of the sentence imposed upon him, but categorically states that it may be suspended. 7.

The appellant was on bail during the trial.

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8.

In the circumstances, I am inclined to allow the application.

9.

Pending the hearing and final disposal of the appeal, the substantive sentence imposed upon the applicant/appellant shall stand suspended; and the applicant/appellant shall be released on bail in the sum of Rs.20,000/-, with one surety in like amount, or two sureties in the sum of Rs.10,000/-, on the condition that the applicant shall report to the trial Court on the first Monday of each calender month till disposal of the appeal against him.

10.

Should the trial Court be closed on any given Monday, the applicant shall report to the trial Court on the next working day.

11.

The hearing of the appeal is ordered to be expedited. The same be listed for final hearing on 4th December 2015. (ABHAY M. THIPSAY J.) 3/4

CERTIFICATE Certified to be true and correct copy of the original signed Judgment/Order.

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