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2026 DAILYLAW 8003 (BOM)

TARACHAND MARUTI RASKAR v. STATE OF MAHARASHTRA AND ANR

IA/1762/2026 · 2026-09-11

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

306-IA-1762-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION INTERIM APPLICATION NO. 1762 OF 2026 IN CRIMINAL APPEAL NO. 553 OF 2017 Tarachand Maruti Raskar .....Applicant Versus The State of Maharashtra & Anr. .....Respondents ..... Mr. Sachin Salunke, for the Applicant. Mr. A.A.Palkar, A.P.P, for the Respondent-State. Mr. Sandeep K. Karnik (Appointed Advocate) for the Respondent No.2. ..… CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 11th SEPTEMBER 2026 P.C.:- 1. The present application is filed by the applicant for suspension of sentence and release on bail. 2. The learned Counsel appearing for the applicant submitted that the applicant is in jail since 29th September, 2014 and that he has completed nearly 14 years and 7 months with remission, and 12 years and 1 month of actual imprisonment as on date. Wakodikar 1/4 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.09.11 19:50:46 +0530 306-IA-1762-2026.doc 3. By the impugned Judgment and Order dated 11th January, 2017, the applicant is sentenced to suffer rigorous imprisonment for life, which shall mean imprisonment for the remainder of the natural life of the accused and to pay fine of Rs.5,000/-, in default to suffer further rigorous imprisonment for one year. The sentence was imposed for the offence punishable under Section 376(2)(f) of the Indian Penal Code. The accused was also sentenced for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012, with rigorous imprisonment for 7 years and to pay fine of Rs.5,000/-, in default, to suffer further rigorous imprisonment for one year. 4. We have considered the submission of the applicant that in the present case the applicant had not committed any guilt and that it is the contention of the applicant that the applicant who also is the father of the victim, scolded the daughter as she was not attending the school, hence a false case was filed against him. 5. Taking into consideration the law laid down by the Hon'ble Supreme Court in the matter of Saudan Singh V/s State of Uttar Wakodikar 2/4 306-IA-1762-2026.doc Pradesh1, and taking into consideration the pendency of the matters before this Court, we are inclined to grant bail to the applicant. 6. The application is opposed by the learned Counsel appearing for the original complainant as well as the learned APP. 7. Taking into consideration the aforesaid circumstances, we are inclined to grant suspension of the sentence. Hence the following order : ORDER (i) The Interim Application No. 1762 of 2026 is allowed. (ii) The sentence imposed by the Judgment and order dated 11th January, 2017 by the learned Special Judge, Pune, in Special SC Case No. 354 of 2014 is suspended, pending the hearing and final disposal of the appeal. (iii) The applicant be released on bail on furnishing PR Bond in the sum of Rs. 25,000/- with one or two sureties of the like amount. 1 2022 SCC OnLine SC 697 Wakodikar 3/4 306-IA-1762-2026.doc (iv) The applicant shall attend the Wanawadi Police Station once in every three months. (v) The applicant shall not reside in the vicinity where the victim and the complainant reside. 8. The interim application is accordingly disposed of in the aforesaid terms. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 4/4