Dinesh Govindrao Pawar ( In Jail) v. The State Of Maharashtra Thr. Pso, Ps Wadi, Nagpur
2024:BHC-NAG:11581 1 24 appa902.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APPA] NO. 902 OF 2024 IN CRIMINAL APPEAL NO. 178 OF 2024 DINESH GOVINDRAO PAWAR
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., WADI, NAGPUR ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Sunita S. Turekhan Advocate h/f Ms. Shubhanji Jadhao, Advocate for the applicant.
Ms. Sonia Thakur, A.P.P. for the non-applicant /State CORAM : G. A. SANAP, J.
DATE : OCTOBER 15, 2024.
1.
Heard learned advocate for the appellant and learned Additional Public Prosecutor for the State. Perused the record and proceedings.
2.
This is an application for suspension of substantive sentence and for grant of bail.
3.
The appellant/applicant is one of the accused in the crime. Three accused have been convicted for the offence punishable under Section 376-D of the Indian Penal Code. The sentence imposed is imprisonment for twenty years. 4.
It is submitted by the learned advocate for the applicant that the evidence of the victim is not credible and trustworthy. There are major inconsistencies and
2 24 appa902.24.odt discrepancies in her evidence. It is submitted that the appeal may take its own time for adjudication and therefore, till then incarceration of the appellant is not warranted. 5.
Learned APP submitted that considering the offence proved against the accused persons, the sentence may not be suspended. It is submitted that the learned Additional Sessions Judge has thoroughly appreciated the evidence and on doing so has recorded the finding that it is cogent, concrete and reliable. It is also pointed out that oral version of the victim has been corroborated by the medical evidence.
6.
I have given thoughtful consieration to the submissions and the facts of the case. On perusal of the evidence and particularly the judgment passed by the learned Additional Sessions Judge, I am of the view that this is not a fit case for suspension of the sentence. The application deserves to be rejected.
7.
Accordingly, the criminal application is rejected. 8.
The appeal be listed for final hearing as per its turn. ( G. A. SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 16/10/2024 17:55:55