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Bombay High CourtIA/485/2025rejected

Dashrath Mahadu Sutar v. State Of Maharashtra And ANR

2026-03-23Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata2 pages

DTG 13-Ia-485-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 485 OF 2025 IN CRIMINAL APPEAL NO. 106 OF 2025 Dashrath Mahadu Sutar ... Applicant V/s.

State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Vishal Patil a/w Mr. Afsar Ansari for Applicant. Mr. J.P. Yagnik, A.P.P. for Respondent-State. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 23rd March 2026 P.C. :

1) This is an Application for suspension of sentence and releasing the Applicant on bail during the pendency of Appeal. 2) The evidence on record clearly indicates that, the Applicant by extending threats to the life of the victim and also by threatening that, he would kill her brother and other relatives committed forcible sexual intercourse with her. The Applicant has taken undue advantage of the fact that, the victim was alone sleeping on the otla of her house. Due to the act of the Applicant, the victim got pregnant. The DNA profile of the child born to the victim discloses that, the Applicant is the biological father of the said 1/2

DTG 13-Ia-485-2025.doc child. Thus, apart from the testimony of the victim, the scientific evidence on record duly supports the prosecution case.

3) In view of the above, we are not inclined to release the Applicant on bail during the pendency of Appeal. 4) Application is accordingly rejected.

( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 2/2