Arjun @ Babru S/O Bhimrao Karad v. The State Of Maharashtra

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6381 OF 2014 IN CRIMINAL REVISION APPLICATION NO. 256 OF 2014 [Arjun @ Babru s/o Bhimrao Karad vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri S.S.Thombare, advocate for the applicant Shri S.A.Ambad, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 8 th January, 2015 PER COURT :- 1] This is an application for suspension of substantive jail sentence and for grant of bail. 2] I have heard in extenso the learned counsel for the applicant as well as the learned A.P.P. I have also gone through the record and proceedings made available to this court.

3] The entire case of the prosecution is based on the testimony of PW 2-the prosecutrix as well as PW 3 Sindhubai. The house of Sindhubai (PW 3),

who is sister-in-law of the prosecutrix is just adjacent to the house of the prosecutrix. According to the claim of the prosecutrix as well as the claim of PW 3 Sindhubai, they were sleeping in their respective court yards in the night of the incident. If the evidence of the prosecutrix as well as Sindhubai (PW 3) is examined minutely, it is crystal clear that prima facie the evidence of Sindhubai needs to be discarded. Further Manik, who is the husband of the prosecutrix, who even according to the prosecutrix was sleeping in the court yard, is not examined by the prosecution.

4] In that view of the matter, the applicant has made out a prima facie case to release him on bail. Further, the applicant was on bail during trial as well as during the pendency of the appeal and at no point of time it is reported that he has misused the liberty granted to him. Hence, I propose to pass the following order.

O R D E R

Criminal Application No. 6381 of 2014 is hereby allowed. The substantive jail sentence imposed upon the applicant by the learned II Ad hoc Assistant Sessions Judge, Ambajogai in Sessions Case No. 89 of 2004 is hereby suspended and

during the pendency of the present Revision, the applicant shall be released on bail on his executing a P.R. bond of Rs.15,000/- with two solvent sureties before the learned trial court.

Application is disposed of.

[V.M.DESHPANDE, J.] dbm/crap6381.14