1 Cri.Appln.No.1718/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1718 OF 2011 IN CRIMINAL APPEAL NO.205 OF 2011 Chandrakant s/o Vithal Puttewad ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Nilesh J. Patil, Advocate for the applicant Shri N.H. Borade, A.P.P. for respondent Shri G.G. Suryawanshi, Advocate for R.No.2 in appeal ..... CORAM : U.D. SALVI, J. DATED : 24th & 25th August, 2011. PER COURT : 24th August, 2011 1. Following admission of the appeal, this application for grant of bail has come up for hearing. 2. The appellant/ accused Chandrakant Puttewad has been convicted of the offence punishable under Section 376(2)(g) and 306 of the Indian Penal Code, 1860 and has been sentenced to suffer R.I. for 10 years on both counts and to pay fine of Rs.10,000/-, in default of payment of fine, to 2 Cri.Appln.No.1718/2011 undergo further R.I. for one month on first count and to pay fine of Rs.5000/-, in default of payment of fine, to undergo further R.I. for 15 days on the second count. 3. One Nivrutti, father of the deceased lodged a complaint with Kandhar Police Station, alleging gang rape by the accused including the co-accused Vasant Darade and Sindu Kendre on the pretext of helping her to pass 12th Standard examination and the commission of the suicide by the prosecutrix thereafter. When the prosecutrix did not return home in the evening of 28.2.2001, the brother of the deceased along with his relations went in search of the deceased to the room of accused No.1 Vasant Darade. However, his room was found locked and thereafter in an enquiry, it was revealed that the deceased was at the room of the accused Puttewad and something odd has taken shape. Ultimately the body of the victim was found in the room of the applicant/ accused. 4. Initially one Malharrao Waghmare, maternal uncle of the deceased/ victim informed the police about death of the victim and thereupon A.D.R. Was registered at Sr.No.7/2001 under Section 174 of the Criminal Procedure Code at 3 Cri.Appln.No.1718/2011 Kandhar Police Station. Police drew inquest panchanama and spot panchanama and forwarded the body for post mortem examination. 5. Father of the deceased thereafter lodged the complaint, alleging gang rape with murder committed by the accused and others and Crime at C.R. No.31/2001 under Sections 376-G, 302 read with Section 34 of the Indian Penal Code came to be registered with Kandhar Police Station. The applicant/ accused along with one Vasant Darade and Sindu Kendre were charge sheeted on 30.7.2008. Charges under Section 376(2)(g) read with 109 of the Indian Penal Code and under Section 2(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were framed against the said accused on 30.7.2008. 17 witnesses including the complainant and Medical Officer, who had performed autopsy on the body of the deceased, were examined. 6. Learned Advocate for the applicant/ accused submitted that it was a case of suicide and there is no evidence worth the name to arrive at the conclusion that the prosecutrix committed suicide due to rape. According to him, 4 Cri.Appln.No.1718/2011 the accused No.1 Vasant Darade was in love with the prosecutrix. However, the failure of their love affair resulted in the prosecutrix committing suicide by consuming poison. He further submitted that, the applicant/ accused was on bail during the trial and he did not commit breach of any of the conditions imposed for grant of bail to him. 7. The learned A.P.P. countered his submissions and pointed out that the fact of finding the body of the deceased victim in the room of the applicant/ accused is sufficient to point out the involvement of the applicant/ accused in the crime for which he has been held guilty by the trial Court. 8. Post mortem examination report (Exh. 182) reveals on injuries either on the genitals or on other body parts of the victim. Death has been attributed to insecticidal poisoning vide Post Mortem report dated 1.3.2001 (Exh. 182). There is no eye witness to the alleged gang rape. The applicant/ accused was on bail during the trial and there is no history of breach of any of the conditions stipulated for granting bail. Considering these facts and circumstances, the following order is passed: 5 Cri.Appln.No.1718/2011 O R D E R 9. The applicant/ accused shall be released on P.R. bond of Rs.25,000/- (Rupees twenty five thousand) with one surety in the like amount, subject to following conditions : (i) The applicant/ accused shall pay the fine amount. (ii) The applicant/ accused shall not leave the limits of District Nanded without the permission of this Court and shall keep the police informed of his whereabouts from time to time. The application stands disposed of accordingly. ( U.D. SALVI, J. ) fmp/cri2301.11