Full Judgment
Criminal Appeal No.2386/2011 23/09/2013 Shri A.D.Mishra, Advocate for the appellant.
Shri Sameer Chille, GA for the respondent/State.
Heard on I.A.No.14065/13, third application for suspension of jail sentence and grant of bail to the appellant.
Appellant has been convicted by the trial Court under section 376 (2)(g) of IPC and sentenced to undergo RI for 10 years & fine of Rs.2000/- with default stipulations.
Learned counsel for the appellant submits that trial Court committed the illegality in not appreciating the evidence in its proper perspective.
It is further submitted that initially prosecutrix made allegation against the three accused persons in regard to committing rape on her but at the trial she specifically stated that other co-accused Santram has not committed rape on her therefore, her statement is not reliable.
The appeal would take considerable time to dispose of finally, hence he prays for suspension of jail sentence and grant of bail to the appellant.
Learned counsel for the State opposes the application.
On due consideration of the facts and contention raised by learned counsel for the parties alongwith the statement of prosecutrix without commenting on merits, I am of the view that it is a fit case for suspension of jail sentence and grant of bail to the appellant therefore, application is allowed.
Remaining jail sentence of appellant Kashinath is hereby suspended and it is directed that he shall be released on bail subject to depositing the fine amount and furnishing a personal bond in the sum of Rs.30,000/- (Rs.Thirty Thousand only) with one surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 17th of February, 2014 and on such subsequent dates as may be fixed by the registry in this regard, which shall not be less than the period of 6 months till final disposal of this appeal.
List the case for final hearing in due course.
Certified copy as per rules.
(G.S.SOLANKI) Judge navin