Ashok Govind Suvarne vs The State Of Maharashtra
2017 Latest Caselaw 1892 Bom

                                                                                  6. cri appa 563-17.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL APPLICATION NO. 563 OF 2017
                                               IN
                                CRIMINAL APPEAL NO. 108 OF 2017


            Ashok Govind Suvarne                                          .. Applicant

                                 Versus
            The State of Maharashtra                                      .. Respondent

                                                  ...................
            Appearances
            Mr. Rahul S. Kate i/by
            Mr. R.D. Suryawanshi Advocate for the Applicant 
            Mr. H.J. Dedhia        APP for the State
                                                   ...................



                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              M.S. KARNIK, JJ.
                              DATE        :   APRIL 20, 2017.


            ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :

            1.           Heard both sides.




            2.           The applicant - original accused No. 2 has been

            convicted mainly under Section 302 r/w 34 of IPC.                                      The

            applicant is now seeking bail.




            3.           The prosecution has relied on the evidence of PW 3

            jfoanz vkacsjdj                                                                    1 of 3




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                                                            6. cri appa 563-17.doc




Sonali to show that on 3.9.2005 at 12.30 p.m., the applicant

assaulted            deceased Arun Shinde with an iron part on the

head.             This is the only witness on which reliance is placed

because the other eye witnesses have turned hostile.




4.           As far as PW 3 Sonali is concerned, her evidence shows

that her statement was recorded on 7.9.2009. Learned APP

tried to contend that she was residing at Shingdhol and the

incident took place within the jurisdiction of Karjat Police

Station, after the incident, she went to Shingdhol,                    hence,

her statement was recorded on 7.9.2009. However, the

evidence of this witness shows that the distance between

Shingdhol and Karjat is only one hour to 1.25 hours and her

husband used to travel by jeep and he used to come home

by 8.00 p.m. Hence, it was possible for this witness to go to

Karjat and give her statement. In addition, paragraph 16 of

the evidence of PW 3 Sonali shows that when the incident

took place and she was at the spot, police had arrived at the

spot,however, she did not tell the police about the incident.



jfoanz vkacsjdj                                                         2 of 3




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                                                             6. cri appa 563-17.doc




Looking to the delay in recording the statement, prima facie,

we find much merit in the submission that she is a got up

witness.




5.           Looking to the evidence on record and the fact that the

applicant was on bail pending the trial and there is no report

that he has misused the bail granted to him, we are inclined

to grant bail to the applicant, hence, the following order:-

                                      ORDER

i. The applicant to be released on bail in the sum

of Rs. 35000/- [ Rs. Thirty Five Thousand

Only ] with one or two sureties to make up the

said amount and P.R. Bond in like amount.

ii. During the period that the applicant is on bail,

he shall report to Karjat Police Station once in

a month i.e first Monday of every month.

6. The application is allowed in the above terms.

[ M.S. KARNIK, J. ]                   [ SMT. V.K. TAHILRAMANI, J. ]


jfoanz vkacsjdj                                                          3 of 3