Siddharth S/O Uttamrao Ganvir v. State Of Maharashtra, Thr. P.S.O. Frezerpura Police Station, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 560 OF 2016 IN CRIMINAL APPEAL NO. 326 OF 2016 (Siddharth Uttamrao Ganvir Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. S. Jaiswal, Advocate for the applicant/appellant. Shri V. P. Gangane, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

S. B. SHUKRE, J.

DATED : 01 SEPTEMBER 2016 01 SEPTEMBER 2016 Heard learned Counsel for the applicant and the learned A.P.P. for the State.

The applicant/appellant was on bail throughout the trial. The prosecutrix admits that even after the appellant was detained in jail in this crime, she had written a letter to him showing her love for him. It is also seen from the deposition that prima facie this was a case which was founded upon love between the appellant and the prosecutrix blossoming for some time and getting severed suddenly because of the fact that their relations came to the knowledge of the elders. But, the fact remains that even after the appellant was arrested and put behind the bars, there was no love lost between the prosecutrix and the appellant. This is seen from the

admissions given by the prosecutrix in her crossexamination. The appellant is a young person, just as the prosecutrix. Besides, there seems to be a different dimension involved in their relations. The appellant has already paid the fine amount. In all these circumstances, I am of the view that this would be an arguable case for the appellant and, therefore, he would be entitled to be released on bail during the pendency of the appeal by suspending his sentence.

Accordingly, the application is allowed.

The substantive sentences of imprisonments are hereby suspended till final disposal of the appeal and till that time the appellant be released on bail on his furnishing a P. R. Bond in the sum of Rs.20,000/- together with one solvent surety in the like amount subject to the condition that he shall attend this Court, if required.

Hamdast is granted.

JUDGE wwl

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