Disposed

Sachin Vitthalrao More v. the State of Maharashtra Thr. Pso Ps Seloo Dist.Wardha

Bombay HC26 Jun 2024APPA/253/2024

Case brief

AI extract

What is this about?

Convicted appellant under Section 376(2)(n)(h) IPC sought suspension of his 10-year sentence and bail pending appeal, citing five years already spent in jail. The court noted DNA evidence showing he fathered the victim's child and the finding that she was a child at the time of the offence, and refused suspension.

What the court decided

AI extract

Sachin Vitthalrao More Vs the State of Maharashtra… — Criminal Trial and Appeal | Bombay HC (2024)

¶1

2024:BHC-NAG:14259

¶2

¶3

24 appa 253.24.odt..odt

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

¶5

CRIMINAL APPLICATION NO.253 of 2024 I N CRIMINAL APPEAL NO.136 OF 2024

¶6

Sachin Vitthalrao More

¶7

Vs.

¶8

State of Maharashtra, through PSO, PS Seloo, District Wardha and another

¶9

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

¶10

and Registrar's Orders.

¶11

Ms Sonali Khobragde, Advocate for appellant. Ms Mukta Kavimandan, APP for State.

¶12

CORAM : G.A. SANAP, J. DATE : 26.06.2024

¶13

Heard learned Advocate for the appellant and learned APP for the respondent/State.

¶14

This is an application filed by the appellant/accused for suspension of his sentence and grant of bail awarded pursuant to the order dated 09.03.2023 by the learned Extra Joint Additional Sessions Judge (Special Court), Wardha in Special (Ch. Act) Case No.53/2019.

¶15

The maximum sentence awarded for the offence punishable under Section 376(2)(n)(h) of the Indian Penal Code is 10 years rigorous imprisonment.

¶16

I have gone through the record and proceedings.

¶17

¶18

24 appa 253.24.odt..odt

¶19

Perusal of the judgment would show that as per the D.N.A. report, the accused is found to be biological father of the child born to the victim. Learned Judge, on the basis of the evidence has recorded a finding that victim on the date of the crime was child. Learned Advocate for the appellant submitted that appellant has been in jail for five years. This appeal may take its own time for final adjudication. Learned Advocate submitted that the sentence may be suspended and he may be released on bail.

¶20

Learned APP opposed the prayer. Learned APP submitted that there is cogent and concrete evidence against the accused. The Court has recorded finding on proper appreciation of the evidence. Learned APP submitted that in view of his conviction and sentence for the major offence, his contention that he has been in jail for five years is of no significance.

¶21

On considering the facts and circumstances of the case and more particularly the fact relating to the quantum of sentence for the proved offence, I am of the view that this is not a fit case to suspend the sentence and release the accused on bail. Accordingly, the prayer cannot be allowed. The application is rejected.

¶22

Criminal Application (APP) No.253/2024

¶23

24 appa 253.24.odt..odt

¶24

¶25

stands disposed of.

¶26

Office shall expedite the paper book and list the matter for final hearing board as per its turn.

¶27

(G. A. SANAP, J.)

¶28

manisha

Sachin Vitthalrao More v. the State of Maharashtra Thr. Pso Ps Seloo Dist.Wardha

Case brief

What is this about?

What the court decided

Sachin Vitthalrao More v. the State of Maharashtra Thr. Pso Ps Seloo Dist.Wardha

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Viraj S/O Gunwantrao Deoghare. Vs Akhil S/O Krushnarao Borikar

Manohar S/O Ramdas Baghe Vs the State of Maharashtra Thr. Pso, Ps Civil Lines, Akola and 7 Others.

Ashok S/O Madhavrao Kulmethe Vs State of Mah. Thr. Pso Ps Nagbhid Tah. and Dist.Chandrapur and Another

Yogesh Shankar Wankhede Vs the State of Maharashtra Thro P.S.O.,P.S. Wadi, Dist. Nagpur

Sandeep Laxman Parteki Vs the State of Maharashtra Thr. Pso, Ps, Frezarpura, Tq. and Dist. Amravati

Vilas S/O Babulal Jaiswal vs Sub Divisional Magistrate Khamgaon Tq. Khamgaon Dist. Buldhana and Others