The High Court of Bombay dismissed an interim application seeking suspension of sentence and bail. The applicant, convicted of POCSO offences and rape, argued for bail. The Court found the evidence establishing guilt compelling and refused bail.
Application for suspension of sentence and release on bail dismissed.
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.
ssm 1 11-ia1077.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1077 OF 2023
IN
CRIMINAL APPEAL NO. 584 OF 2022
Shivshankar Ramdhani Yadav …..Applicant Vs. State Of Maharashtra …..Respondent
Mr. P.R. Pandey for the Applicant. Mr. Ajay Patil APP, for the Respondent-State.
CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ. DATE : 3rd APRIL, 2023.
P.C.:-
By the present Application, the Applicant is seeking suspension of sentence and releasing him on bail.
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ssm 2 11-ia1077.23.doc
taking her back from school and has committed forcible intercourse on 3 to 4 occasions with her. The victim subsequently got pregnant. When she was admitted to hospital, the Doctors noticed that she was pregnant of about 12 weeks. The FIR was registered when the victim was admitted in hospital.
(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.)
Digitally signed SANJIV by SANJIVSHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2023.04.11 16:44:53 +0530
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2 issues framed by the court
Whether the applicant is entitled to suspension of sentence and release on bail given the gravity of the conviction.
Whether the DNA evidence and victim testimony warrant granting bail in a case involving forcible intercourse.
2 provisions across 2 enactments
Shivshankar Ramdhani Yadav
State Of Maharashtra
Amitrao S. Gadkari
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
