Ramdas Dhondiab Pokharkar v. The State of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1326 OF 2011 WITH CRIMINAL APPLICATION NO. 1331 OF 2011 Ramdas Dhondiab Pokharkar vs. The State of Maharashtra ... ... Applicant (Orig. accused No.1) Respondent (Orig. complainant) Mr. A.P.Mundargi, Senior Counsel, i/b. Mr. Umesh R. Mankapure, Advocate for the applicant. Mrs. P.P.Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 19th October, 2011. P.C.

Heard. Appeal is admitted. The appellant, who is original accused No.1, has preferred the appeal against conviction for the offence punishable under Sections 436, 447, 324, 504, 506 read with Section 34 of IPC and under Section 3(1)(x) and 3(2)(iii) of the Scheduled Castes and Scheduled Tribes (Prevention and Atrocities) Act, 1989. The maximum sentence of R.I. for seven years with fine of Rs.5,000/- was imposed for the offence under Section 436 and R.I. for five years with fine was 2 APPA-1331-11.sxw also imposed on each count under the Atrocities Act. The applicant was on bail during trial. There is nothing to show that the applicant has misused the bail in any manner. The learned Counsel for the applicant contended that in view of certain facts which have come on record, the applicant has been falsely implicated because he had acted as panch witness in respect of possession of the property where this incident had occurred.

Therefore, the applicant is granted bail on the same terms and conditions as before the trial Court subject to his furnishing fresh bail bonds and depositing the fine amount.