Mithlesh Cheddi Yadav v. the State of Maharashtra
Case brief
What is this about?
This criminal application for suspension of sentence and bail was rejected. The single judge held that considering the nature of the rape offence against a five-year-old child and the prosecution evidence, no case for bail was made out, and appealed to challenge the conviction, hearing was expedited.
What did the court decide?
Application rejected; hearing of appeal expedited.
What the court decided
16-APPA-229-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.229 OF 2017 IN
CRIMINAL APPEAL NO.428 OF 2016
Mithilesh C. Yadav
)...Applicant
V/s. State Of Maharashtra )...Respondent
Mr. S.H.Joshi, Advocate for the Applicant.
Ms. A.A.Takalkar, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 15th MARCH, 2017.
P.C. :
This is application for suspension of sentence and releasing the Applicant/Accused on bail during the pendency of the appeal filed by him challenging his conviction for the offence punishable under Section 376(2)(f)(i) of the IPC read with Sections 4 and 12 of the Protection of Children from Sexual Offences Act, 2012 (For the sake of brevity 'POCSO Act'). He has been sentenced to suffer RI for 10 years and to pay fine of Rs.5,000/- in default to undergo SI for six months.
Issues for consideration
3 issues framed by the court
Whether the application for suspension of sentence and bail during the pendency of the criminal appeal is maintainable.
Whether the evidence on record establishes a prima facie case against the accused warranting denial of bail.
Whether the nature of the offence and evidence make out a case for bail.
Parties & counsel
- applicant
Mithilesh C. Yadav
- respondent
State Of Maharashtra
Coram
A. M. Badar
Case details
As recorded by the court registry
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