Bombay High Court
TARACHAND MARUTI RASKARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The interim application is allowed, suspending the sentence and granting bail subject to conditions.
Summary
Tarachand Maruti Raskar, convicted in 2017 of rape under IPC 376(2)(f) and a child sexual offence under POCSO Act Section 4, was sentenced to life imprisonment and seven years respectively. After serving over fourteen years, he filed an interim application seeking suspension of his sentence and release on bail, claiming the case was false and that he, as the victim’s father, was merely scolding his daughter. The Court, referring to the Supreme Court’s decision in Saudan Singh v. State of Uttar Pradesh, considered the pendency of the appeal and the applicant’s claim of innocence. It granted bail, suspended the sentence pending the final disposal of the appeal, and imposed conditions of a PR bond, periodic police reporting, and residence restrictions. The interim application was therefore allowed and disposed of in favour of the applicant.
Issues considered
- Whether a life‑imprisoned convict may be granted bail and suspension of sentence pending appeal.
- Whether the applicant’s claim of a false case and lack of guilt justifies bail.
- Application of the principle laid down in Saudan Singh v. State of Uttar Pradesh to this case.
Legislation cited
- Indian Penal Code, 1860 — s. 376(2)(f)
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- bail
- suspension of sentence
- life imprisonment
- IPC 376
- POCSO Act
- false case claim
- interim application
- appeal pending
Judgment
306-IA-1762-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPEALLATE JURISDICTION
Digitally
signed by
RUPALI
INTERIM APPLICATION NO. 1762 OF 2026
RAJESH
RUPALI
RAJESH WAKODIKAR IN
WAKODIKAR Date:
2026.09.11
19:50:46
CRIMINAL APPEAL NO. 553 OF 2017
+0530
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 29 th 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
306-IA-1762-2026.doc
3. By the impugned Judgment and Order dated 11 th 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
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