Allowed

Rajanikant Ramdas Narwade v. the State of Mah

Bombay HC22 Nov 2012APPLN/3428/2012

Case brief

AI extract

What is this about?

The High Court allowed a bail application by a convicteespending sentences for offences under Sections 376, 363, and 366-A IPC. The Court considered the applicants prior bail history and lack of bond misuse. Bail was granted upon executing a PR bond and furnishing surety.

What did the court decide?

The applications is allowed. The substantive sentences are suspended and the applicant released on bail on executing PR bond in Rs. 20,000/- and furnishing surety in the like amount.

Rajanikant Ramdas Narwade Vs the State of Mah — Child Sexual Offences (POCSO) | Bombay HC (2012)

¶1

(1) Cri. Appln. 3428-2012

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

CRIMINAL APPLICATION NO.3428 OF 2012 IN

¶4

CRIMINAL APPEAL NO.514 OF 2012

¶5

Rajanikant S/o Ramdas Narwade

¶6

 Applicant

¶7

Versus

¶8

The State of Maharashtra

¶9

 Respondent

¶10

Mr. Niteen V. Gaware, Advocate for the Applicant.
Mr. D.R. Kale, A.P.P. for the Respondent-State.

¶11

CORAM : M. T. JOSHI, J. DATED : 22^ND NOVEMBER, 2012

¶12

ORAL ORDER:

¶13

1. Heard both sides.

¶14

2.The present applicant who is convicted by the
learned Sessions Judge for the offences punishable under
section 376,363,366-A of the I.P.C. and directed to
undergo various sentences, out of which R.I. for 7 years
for the offence punishable under section 376 is highest,

¶15

is praying for suspending the sentences and also for
releasing on bail.

¶16

3.Learned counsel for the applicant submits that
the applicant was released on bail during the pendency of
the trial. He had also deposited the fine amount. The
allegations would show that there is probability of having
love affair between the applicant and the prosecutrix, who

¶17

(2) Cri. Appln. 3428-2012

¶18

was claimed to be 14 years old at the time of commission
of the alleged offence.

¶19

4.Learned A.P.P. opposed the application. He
submits that the order of the learned Sessions Judge would
show that 14 years minor girl was enticed and thereafter
sexually intercourse was committed with her.

¶20

5.Taking into consideration the overall facts and
particularly the allegation that the applicant has not
anyway mis-used the liberty that was granted upon release
on bail during trial, in my view, the applicant deserves
to be released on bail, by suspending the substantive
sentences. In the result, the Application is allowed.
The substantive sentences are hereby suspended and the
applicant be released on bail on executing PR bond in the
sum of Rs.20,000/- and also upon furnishing surety in the
like amount.

¶21

Sd/-

¶22

arp/

Rajanikant Ramdas Narwade v. the State of Mah

Case brief

What is this about?

What did the court decide?

Rajanikant Ramdas Narwade v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pradip Ratan Dhangar Vs the State of Maharashtra

Manohar Mahadeo Shinde Vs the State of Mah

The State of Mah Vs Dnyandeo Bondaru Patil and Anr.

Patilba Mahadeo Pingle Vs the State of Mah

Suresh Yashwant Sonawane Vs the State of Mahrashtra and Ors.

Vaijnath Pandit Gapat and Ors. Vs the State of Mah and Ors.