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Bombay High CourtIA/3910/2024rejected

Deepak Babasaheb Gaikwad v. The State Of Maharashtra And ANR.

2025-02-21Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere2 pages

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2025.02.24 16:09:27 +0530 918-ia.3910.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3910 OF 2024 IN CRIMINAL APPEAL NO.188 OF 2023 WITH CRIMINAL APPEAL NO.188 OF 2023 Deepak Babasaheb Gaikwad ...Applicant/Appellant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Sandeep R. Karnik, Appointed Advocate for the Applicant Ms. P. P. Shinde, A.P.P. for the Respondent No.1-State. Ms. Deepak Punjani, Appointed Advocate for the Respondent No.2. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 21st FEBRUARY 2025 P.C. :

1.

By this application preferred through the Legal Services Authority, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the aforesaid appeal.

N. S. Chitnis 1/2

918-ia.3910.2024.doc 2.

Perused the papers in particular the evidence of the mother of the prosecutrix. The accused is the uncle of the prosecutrix. 3.

Having perused the evidence, coupled with the medical evidence, we do not find that this is a fit case to suspend the applicant's sentence and enlarge him on bail, pending the hearing and final disposal of the aforesaid appeal.

4.

Accordingly, the application is rejected.

5.

Since the applicant is in custody for about 11 years and paper-book is ready, the aforesaid Criminal Appeal, to be placed at the end of the Admission Board for 'Final Hearing' on 21st April 2025. DR. NEELA GOKHALE, J.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2