Judgment:
Criminal Appeal No.1222/2011 18.09.2012 Ku.
Manisha Shrivastava, learned counsel for the appellant.
Shri Piyush Dharmadhikari, learned Govt.
Adv for the respondent-State.
Heard on IA No.17974/12, appellant's repeat application for suspension of his remaining jail sentence and grant of bail as his earlier application in this regard was dismissed as withdrawn vide order dated 6.1.2012 by extending liberty to revive the prayer at subsequent stage.
It appears that under such liberty the present IA has been preferred.
Appellant has been convicted under Section 376 (1) and 342 of IPC for RI seven years with fine of Rs.1000 in the fiRs.count and RI for six months with fine of Rs.200 in the second count.
The appellant's counsel after taking me through the record of the trial court and deposition of the prosecutrix, Anita, (PW-1) and alleged eye witness, Kaju (P-2) said that even on taking into consideration the same as accepted in its entirety, even then the case against the appellant is not made out more than the offence of Section 376 (1).r/w Section 511 and Section 342 of IPC and in such premises, alleged conviction under Section 376 of IPC is not sustainable.
She also referred the deposition of Doctor, who examined the prosecutrix and preprepared her MLC report.
In addition to it, she also said that considering the period suffered by the appellant in jail since the date of his arrest till today, i.e.more than three yeaRs.he be extended the benefit of bail by suspending his jail sentence.
The aforesaid prayer is opposed by the State's counsel saying that looking to the nature of evidence and the manner, in which it was committed by the appellant for which sufficient evidence is available on record, he does not deserve for suspension of his remaining jail sentence.
Having heard the counsel advanced by the counsel, taking into consideration the nature of evidence adduced by the prosecution as pointed by the appellant's counsel specifically the deposition of the prosecutrix and supporting the witness, Kaju (PW-2).so also the aforesaid period suffered by the appellant out of the awarded jail sentence, without expressing any opinion on merits of the matter, the IA is allowed and subject to verification of depositing the fine amount the remaining jail sentence of the appellant is hereby suspended.
It is further directed that on furnishing a personal bond of Rs.20,000/- (Rs.twenty thousand) along with one surety in the like amount to the satisfaction of the trial Court by the appellant- Pitiya @ Rooprao shall be released on bail with a further direction to remain present in the Registry of this Court on 27.11.2012 and on such other dates as are fixed by the office in this regard till disposal of this appeal.
C c as per rules.
(U.C.Maheshwari) Judge bks