OMKAR DATTATRAYA DANGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Criminal Appeal is fled by the Appellant calling in question his conviction under Sec. 363, 366A, 376(2)(n) of the Indian Penal Code read with Sec. 4 and 6 of the Protection of Children from Sexual Offencs Act (POCSO) and the sentence imposed upon him, in Special Sessions Case No.371 of 2015.

(2.) The Appeal fled by the Appellant was admitted on 10/2/2020. He moved an interim application seeking suspension of sentence and for release on bail, during the pendency of the Appeal. The Application was heard by J. Prakash Naik, who was on the Bench at the relevant time and on 26/4/2022 by considering the fact that the Applicant is in custody for a period of 6 years and 8 months and on consideration of the merits of the matter, to the effect that the victim had admitted in her evidence that there was friendship between her and the accused, which converted into love affair and though he maintained physical relationship with her against her will, it was recorded that the FIR was registered on realising that the victim had conceived. A further observation in the said order is of signifcance and the same reads as under :-

(3.) The Appellant once again fled another Interim Application, securing his release as he was unable to comply with the conditions subject to which he was directed to be released on bail, and hence he continued to be incarcerated. In this background, I was taken to the order passed by the Apex Court in case of "In Re policy Strategy for grant of bail" to tackle with the situation when an accused is unable to furnish the sureties for any reason and particularly on account of poverty. I took note of the directions issued to the DLSA. The learned counsel for the Appellant submitted before me that if he is released on bail, he shall furnish the sureties and it is the discretion of the Court to grant him temporary bail for a specifc period, so that he can furnish fresh bail bond or sureties.