Court rejected application for suspension of sentence and release in flagrant appeal against conviction under Section 4 POCSO for rape. Held nature of offence and victim age preclude bail even after serving half sentence. Appeal hearing expedited.
No suspension of sentence or release granted; hearing of appeal expedited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
9-criapp-179-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 179/2019
IN
CRIMINAL APPEAL NO.1106/2018
Aaba @ Shankar A. Hajare … Applicant.
V/s.
State of Maharashtra & Anr. ... Respondents.
A dvocate Mr. Ritesh Thobde, Advocate for applicant. Mr. A.R. Kapadnis, APP for the State.
DATE : SEPTEMBER 3, 2019
P.C. :
This is an application for suspension of sentence and releasing the applicant during pendency of appeal filed by him.
Chitra Sonawane 1/3
9-criapp-179-2019.doc
that applicant has undergone almost half of sentence awarded to him and cross examination of victim shows that applicant was working with her grandfather and his dues were not paid to him by the grandfather.
4. Learned APP Mr.A.R.Kapadnis, opposed the application.
a) Criminal Application No.179/2019 is rejected.
b) Hearing of appeal is expedited.
c) Liberty to mention the same as and when Paper book is prepared, is granted.
Chitra Sonawane 2/3
9-criapp-179-2019.doc
Chitra Sonawane 3/3
2 issues framed by the court
Whether the applicant is entitled to be released on suspension of sentence given the nature of the offence.
Whether the fact that the applicant has undergone half the sentence is a ground for bail in a POCSO case.
1 provisions across 1 enactments
Aaba @ Shankar A. Hajare
State of Maharashtra
CHITRA SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
