TUSHAR SAMBHAJI DAUND Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him. The applicant/accused is convicted of offences punishable under Sections 452 and 376 of the Indian Penal Code . He is sentenced to suffer rigorous imprisonment for 7 years and 10 years respectively, on each count, apart from imposition of some amount of fine.

(2.) Heard the learned counsel appearing for the applicant/accused. He argued that there is possibility of false implication of the applicant/accused in the crime because of inter- se disputes between the members of the family. He argued that the victim of the crime in question has not suffered any injury though she is claiming to have resisted the applicant/accused in commission of the act. It is further argued that panch witnesses are real brother and friend of the brother of the victim. Therefore, the applicant/accused is entitled for bail.

(3.) The learned APP opposed the application by contending that the evidence of the victim is corroborated by seizure of torn T-Shirt of the applicant/accused, and therefore, considering the nature of offence, the applicant/accused is not entitled for bail.