Ramling @ Raghu S/O Dnyandeo Keskar v. The State Of Maharashtra

1 24-crappln6879-14.odt CRIMINAL APPLICATION NO.6879 OF 2014 IN Ramling @ Raghu s/o. Dnyandeo Keskar ..Applicant ..Respondent Mr.V.R.Dhorde, advocate for applicant Mr.V.P.Kadam, APP for respondent - State Mr.V.B.Deshmukh, advocate for complaiant Heard.

Issue notice to respondent - State. Learned APP waives notice for the same.

3] Perused the judgment and order passed by learned Special Judge, Osmanabad. Learned Special Judge has convicted the appellant/accused for the offences punishable under Section 363, 366-A and

2 24-crappln6879-14.odt 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act. The appellant/ accused was directed to suffer R.I. for 7 years for the offence punishable under Section 376 of Indian Penal Code and lesser sentences for other offences. All the sentences were directed to run concurrently. The fine amount has already been deposited by the appellant.

4] Reading of paragraph 2 of the judgment of learned Special Judge would show that the complainant i.e. father of minor victim of the offence, has, in F.I.R., stated that the victim was 17 years old and it was learnt that since one and half months prior to filing of the complaint on 14th February, 2013, the victim has love affair with the applicant.

5] Considering the overall facts on record, without making any comment on merit of the case,

3 24-crappln6879-14.odt further, finding that the applicant was released on bail during pendency of the trial and there was no complaint of misusing liberty by him, in my view, he can very well be released on bail by suspending the substantive sentences.

6] Hence, the following order :- a] The substantive sentences awarded by learned Special Judge are suspended during pendency of the appeal. The applicant be released on bail upon his executing P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand) and also upon furnishing surety in the like amount.

b] The application is allowed and disposed of accordingly.

4 24-crappln6879-14.odt Ramling @ Raghu s/o. Dnyandeo Keskar ..Appellant ..Respondent Mr.V.R.Dhorde, advocate for appellant Mr.V.P.Kadam, APP for respondent - State Heard both sides.

Admit.

Learned APP waives notice upon admission of the appeal.

3] Printing of paper book is dispensed with.

5 24-crappln6879-14.odt CRIMINAL APPLICATION NO.269 OF 2015 IN CRIMINAL APPLICATION NO.6879 OF 2014 IN Shivaji Keshav Umre ..Appellant and anr.

..Respondents Mr.Vivek Deshmukh, advocate for appellant Mr.V.P.Kadam, APP for respondent no.1 - State Heard both sides.

At the request of learned counsel for the applicant, the application to come up for hearing along with the appeal.

6 24-crappln6879-14.odt