Allowed

Radheyshyam Jagdish Chaurasiya v. the State of Maharashtra

Bombay HC9 Feb 2018APPA/120/2018

Case brief

AI extract

What is this about?

Appellant challenged conviction under Section 363 IPC. Single Judge suspended sentence and released appellant on bail, noting hostile prosecution witness and long jail term already served.

What did the court decide?

Suspension of substantive sentence of rigorous imprisonment for 7 years and release on bail with surety of Rs. 15,000/-. Condition not to contact the victim or her relatives.

Radheyshyam Jagdish Chaurasiya Vs the State of Maharashtra — Bail and Remand | Bombay HC (2018)

¶1

904-APPA-120-2018

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL APPLICATION NO.120 OF 2018 IN CRIMINAL APPEAL (ST) NO.73 OF 2018

¶5

RADHEYSHYAM JAGDISH CHAURASIYA ) ... APPLICANT

¶6

V/S.

¶7

THE STATE OF MAHARASHTRA ) ... RESPONDENT

¶8

Mr.M.K.Kocharekar i/b. Mr.Abhijit Patil, Advocate for the Applicant.

¶9

Mr.Prashant Jadhav, APP for the Respondent/State.

¶10

CORAM : A.M.BADAR J.

¶11

DATED : 9^th FEBRUARY 2018.

¶12

P.C. :

¶13

1 This is an application for suspension of sentence and

¶14

releasing the applicant/accused on bail during pendency of the appeal filed by him challenging his conviction for the offence punishable under Section 363 of the Indian Penal Code.

1/4

avk

904-APPA-120-2018

2 Heard the learned Advocate appearing for the

¶19

applicant/accused. He drew my attention to the evidence of PW1 Rajkumar Chaurasiya – father of the alleged victim of the crime in question as well as that of evidence of PW2 – alleged victim of the crime in question. The learned Advocate argued that PW2 - alleged victim of the crime in question has turned hostile to the prosecution and PW1 Rajkumar Chaurasiya has not deposed anything against the present applicant/accused, and therefore, the applicant/accused is entitled for bail, as he has already undergone jail sentence of 2 years and 7 months.

¶20

3 The learned APP opposed the application by

¶21

contending that evidence of prosecution witnesses duly proves the offence punishable under Section 363 of the Indian Penal Code.

¶22

4 I have carefully considered the rival submissions and also perused the copies of deposition of prosecution witnesses as well as the impugned judgment and order of conviction and the resultant sentence for the offence punishable under Section 363 of

2/4

avk

904-APPA-120-2018

the Indian Penal Code. The applicant/accused is directed to undergo rigorous imprisonment for 7 years. Out of the 7 years jail sentence, he has already undergone jail sentence of 2 years and 7 months. PW1 Rajkumar Chaurasiya is only stating that he had seen the present applicant/accused and the PW2 - alleged victim of the crime in question at Haridwar Police Station, whereas, the PW2 - alleged victim of the crime in question is stating that the applicant/accused is her relative and because of the stomach pain, the applicant/accused had taken her to the hospital and then along with the applicant/accused she had gone to the house of aunt of the applicant/accused at Haridwar.

¶27

5 Considering the nature of evidence available against

¶28

the applicant/accused, the sentence undergone by him already, as well as the nature of offence, I see no reason to refuse bail to the applicant/accused. Therefore, the order :

¶29

ORDER

¶30

i) The application is allowed.

3/4

avk

904-APPA-120-2018

ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

¶35

iii)As a condition of this order, the applicant/accused should not contact the PW2 - alleged victim of the crime in question or her relatives in any manner during pendency of the appeal.

¶36

iv)The application is accordingly disposed of.

¶37

(A.M.BADAR J.)

¶38

4/4

¶39

avk

Radheyshyam Jagdish Chaurasiya v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Radheyshyam Jagdish Chaurasiya v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Aasif Kalim Khan Vs the State of Maharashtra

Ganesh Subhash Gaikwad Vs the State of Maharashtra

Rashid Mohd. Aslam Ansari Vs the State of Maharashtra

Sanjay Maruti Jadhav and Anr. Vs the State of Maharashtra

Kanhaiyalal Laxmandas Adnani Vs Union of India and Ors.

Shakeel Habib Khan @ Papu Pager S/O Habibkhan Vs A.B. Kodnani and Anr.