Bombay High Court
Dilawar Hasan Parande vs The State Of Mahrashtra on 7 January, 2021
Bench: Prakash Deu Naik
3-IA-1173-2019-APPEAL-1400-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1173 OF 2019
IN
CRIMINAL APPEAL NO.1400 OF 2019
Dilawar Hasan Parande
Age 25 Yrs. Occ : Labour,
R/at Manoli, Taluka Shahuwadi,
District : Kolhapur ... Applicant
Versus
1. The State of Maharashtra
2. Smt. Banubai Rais Rayane ... Respondents
.....
Mr. Tejas Hilage, Advocate for the Applicant.
Mrs. A. A. Takalkar, APP for the Respondent - State.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 7th JANUARY, 2021.
PER COURT:
1. This is an application for suspension of sentence of
imprisonment imposed vide Judgment and order dated 29 th August,
2019 passed by learned Sessions Judge, Kolhapur in Sessions Case
No.25 of 2011 whereby the applicant was convicted for the offence
punishable under Section 304-B of Indian Penal Code (for short
"IPC") and sentenced to suffer rigorous imprisonment for Ten years.
Manish Digitally signed by
Manish S. Thatte He is further convicted for the offence under Section 498-A of IPC
S. Thatte Date: 2021.01.08
14:14:30 +0530
and sentenced to suffer simple imprisonment for a period of Three
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years and to pay fine of Rs.25,000/-.
2. Notice issued to respondent has been served. Report
submitted by concerned Police Station is on record.
3. Learned advocate for the applicant submitted that the
applicant was on bail during trial and he has not misused the facility
of bail. On conviction, the applicant has been taken in custody and
since 29th August, 2019 the applicant has been undergoing the
sentence of imprisonment. It is submitted that there is no evidence to
establish the charge under Sections 498-A and 304-B of IPC. The
statement of victim was recorded by Juna Rajwada Police Station on
8th November, 2010, wherein she had stated that, she had sustained
burn injuries accidentally while she was cooking on the stove. She
does not suspect anybody and she has no complaint against anyone.
The said statement was forwarded by the said Police Station to the
Police Station which investigated the present crime. The applicant
had tried to extinguish the fire and that he had also sustained the
injuries. It is submitted that PW-8 has admitted that, the statement of
the victim was recorded at C.P.R. Hospital and the said information
was submitted to Shahuwadi Police Station on 15 th November, 2010.
It is submitted that, PW-4 has admitted that there was burn injuries
on the body of accused No.1 The version of PW-1 and PW-6 is after
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thought. The complaint was lodged belatedly.
4. Learned APP submitted that, the incident had occurred
within short span of time after the marriage. The evidence of mother
of victim (PW-1) and maternal uncle of the victim (PW-6) clearly
spells out the harassment caused to the victim. There was demand of
money and the amount was paid to the accused. The prosecution has
proved the charges against the applicant.
5. The marriage between the deceased and the applicant
was performed on 30th March, 2007. The incident in question had
occurred on 8th November, 2010. The applicant (accused No.1) and
accused Nos.2 & 3 (brother and mother of applicant) were acquitted.
All of them were charged for commission of offences under Sections
302, 304-B, 498-A, 323 r/w Section 34 of IPC. All the accused were
acquitted for the offences under Sections 302 and 323 of IPC.
Apparently, statement of the deceased was recorded on 8 th November,
2010. In the said statement it was stated that, the incident had
occurred accidentally and she has no complaint against anyone. The
said statement was recorded by Juna Rajwada Police Station. It was
forwarded to Shahuwadi Police Station vide covering letter dated 9 th
November, 2010. PW-8 Dattatray Ghogre, who conducted
investigation has deposed that, the papers in ADR included
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statement of accused, information of accident, inquest panchanama,
memo of post-mortem examination and cause of death certificate.
The deceased had suffered burn injuries on 8 th November, 2010 and
the medical certificate was included in the papers. In the cross
examination he stated that on 8 th November, 2010, the deceased had
given information to the police at CPR Hospital and the said
information was submitted to Shahuwadi Police Station on 15 th
November, 2010. As per contents of the information, it was
accidental burns. PW-8 admitted that there was no investigation
about this information. From the evidence of PW-4 Ashok Kamble it
can be seen that, according to him, there was burn injuries on the
body of accused No.1 (applicant) which supports submission of the
applicant that he had tried to extinguish the fire on the person of
deceased. The First Information Report was lodged on 16 th
November, 2010 after the death of the victim. The incident had
occurred on 8th November, 2010. The FIR was lodged by the mother
of the deceased after the death of the victim which had occurred on
15th November, 2010. It is not reported that the applicant had
misused the facility of bail granted to him during trial. Considering
these circumstances, case for suspension of imprisonment and grant
of bail is made out. Hence I pass the following order :
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ORDER
i) Interim Application No.1173 of 2019 is allowed.
ii) Pending hearing and final disposal of Criminal Appeal No.1400 of 2019, the sentence of imprisonment imposed by the learned Sessions Judge, Kolhapur vide Judgment and order dated 29th August, 2019 passed in Sessions Case No.25 of 2011 is suspended and the applicant is directed to be released on bail on furnishing P. R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.
iii) The applicant shall report the trial Court once in three months.
iv) Application stands disposed of accordingly.
6. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
(PRAKASH D. NAIK, J.)
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