Allowed

Rahul Deepak Mane v. State of Maharashtra and Anr.

Bombay HC5 Jul 2022IA/1378/2022

Case brief

AI extract

What is this about?

High Court heard an interim application seeking suspension of sentence and bail during pendency of criminal appeal against conviction under IPC 307. Court observed injury was not life threatening and suggested offence might fall under IPC 325. Granted bail with reporting conditions.

What did the court decide?

Applicant released on bail on furnishing police bond with sureties, directed to report to police station monthly, and prohibited from contacting victim.

Rahul Deepak Mane Vs State of Maharashtra and Anr. — Bail and Remand | Bombay HC (2022)

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CAJ 38-IA-1378.2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1378 OF 2022

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CRIMINAL APPEAL NO. 446 OF 2022

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Rahul Deepak Mane

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… Applicant/Original Accused No.1

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V/s.

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The State of Maharashtra And Anr.

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… Respondents

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Mr. Kedar Patil a/w Ms. Gargi Joshi a/w Mr. Jitesh Mundhwa for Applicant. Ms. S. S. Kaushik, APP for Respondent No.1-State.

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CORAM : A.S. GADKARI, J. DATE : 5^th July 2022.

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P.C. :

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This is an Application for suspension of sentence and releasing the Applicant/Original Accused No.1 on bail.

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Applicant has been convicted under Section 307 of the Indian Penal Code (for short, “IPC”) and is sentenced to suffer maximum rigorous imprisonment of seven years and to pay total fine of Rs.25,000/- by the learned Additional Sessions Judge, Ichalkaranji, District Kolhapur in Sessions Case No.30 of 2017, by its Judgment and Order dated 5^th April 2022.

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Mr. Patil, learned Advocate for Applicant submitted that, the

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Applicant has already deposited entire fine amount in the Registry of the Trial 1/3

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CAJ 38-IA-1378.2022.odt

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Court. He submitted that, during the pendency of the trial the Applicant was released on bail and there is no report of breach of any of the bail conditions imposed upon him.

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Perusal of record reveals that, there were many eye witnesses at the scene of offence who had participated in the festival of “Rangpanchamai ”, however the prosecution examined only one eye witness. It appears from the testimony of the Medical Officer (P.W.11) that, the injury suffered by the victim was not life threatening and for want of immediate intervention by the Doctors, victim could not have survived. Perusal of the record prima-facie indicates that, the offence alleged against Appellant/Applicant may fall within a purview of Section 325 of the IPC.

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The maximum sentence imposed upon the Applicant is seven years of rigorous imprisonment. Possibility of hearing the present Appeal on its own merits in near future is remote. Record indicates that, the Applicant was on bail throughout the trial and there is no report of breach of any of the bail conditions imposed upon him.

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In view thereof, during the pendency of the present Appeal, the substantive sentence imposed upon the Applicant can be suspended and he can be released on bail.

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Hence, the following Order :-

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(i) Applicant/Original Accused No.1 be released on bail

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2/3

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CAJ 38-IA-1378.2022.odt

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in Sessions Case No.30 of 2017, arising out of C.R. No. 103 of 2017 registered with Shivajinagar Police Station, Ichalkaranji, District Kolhapur, on his furnishing P.R. bond of Rs.25,000/- with one or two local sureties in the like amount.

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(ii) During the pendency of the Appeal, Applicant is directed to attend Shivajinagar Police Station, Ichalkaranji, District Kolhapur, on every first Monday of the month initially for a period of 1 year and thereafter on every first Monday of every 3^rd month, i.e. 4 times in a year.

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(iii) During the pendency of the Appeal, Applicant shall not contact first Informant or victim and threaten them.

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Application is allowed in the aforesaid terms.

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Rahul Deepak Mane v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Rahul Deepak Mane v. State of Maharashtra and Anr.

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

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