Bombay High Court
Kavishwar Baburao Madile And Anr vs The State Of Maharashtra on 7 April, 2021
Bench: V. V. Kankanwadi
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.760 OF 2021
IN
CRIMINAL APPEAL NO.153 OF 2021
1. Kavishwar s/o Baburao Madile
and Anr. = APPLICANTS
VERSUS
The State of Maharashtra = RESPONDENT/S
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Mr.PP More,Advocate for Applicant/s;
Mr.AM Phule,APP for Respondent-State.
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CORAM : SMT.VIBHA KANKANWADI,J.
DATE : 7th April, 2021.
PER COURT :-
1. Heard learned Advocate and learned APP
appearing for respective parties.
2. In this Criminal Application, the
applicants pray for suspension of substantive
sentences and releasing them on bail during
pendency and final hearing of the Criminal Appeal.
3. The applicants are the original accused
Nos.1 and 2 in Sessions Case No.70/2019, who have
been convicted and sentenced by learned Additional
Sessions Judge-6, Latur, vide judgment and order
dated 15.2.2021, thus -
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(2)
a) For the offence punishable under
Section 353 read with 34 of IPC,
sentenced to suffer R.I. for six months
and to pay fine of Rs.10,000/- each, I.D.
to suffer further imprisonment for one
month;
b) For the offence punishable under
Sections 341 and 323 read with 34 of IPC,
sentenced to suffer simple imprisonment
for one month.
. The above sentences are ordered to
run concurrently.
4. It is vehemently submitted on behalf of
the applicants that the learned Sessions Judge has
misread and misconstrued the evidence brought on
record and erred in convicting and sentencing the
applicants. The prosecution has utterly failed to
prove the charges levelled against the applicant/s
by a cogent and reliable evidence on record and the
conviction is not sustainable in law and facts of
the case. Though there were material
contradictions in the evidence of the witnesses,
they have been brushed aside by the learned
Sessions Judge while convicting and imposing the
sentences against the applicants. The applicants
were on bail during the trial and have also
deposited the fine amount within time. They are
falsely implicated in the alleged crime. They
would abide by the terms of the bail. The learned
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(3)
Advocate further submits that the appeal involves
other legal points/issues, which the
applicants/appellants intend to agitate and address
them at the time of final hearing of the appeal and
they have every hope of success in the appeal.
Consequently, the applicants pray for releasing
them on bail by suspending the substantive
sentences awarded by the learned Sessions Judge on
such terms and conditions as this Court may deem
fit and proper.
5. Per contra, learned APP vociferously
resisted the application and supported the reasons
assigned by the learned Sessions Judge while
convicting and imposing the sentences against the
applicants. He referred the evidence of PW 1 -
Informant - Gopal Devidas Gadikar and PW 2 -
Sheshrao Tulshiram Kshirsagar, who is conductor of
the concerned ST Bus, and said that it is
consistent with each other. There is no
contradictions between these two witnesses. They
have fully supported to the case of the prosecution
and it is categorically proved from the evidence
that the applicants/accused, in furtherance of
their common intention, assaulted the informant by
giving kicks and fist blows to him and thereby
caused an obstruction in discharging public duty of
PW 1. The learned Sessions Judge has properly
scanned and scrutinized the evidence brought on
record. It is, therefore, submitted that the
application being sans merit, deserves to be
dismissed and it be dismissed accordingly.
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(4)
6. As it appears from the impugned judgment
of the learned Sessions Judge, particularly the
sentences, that have been awarded against the
applicants for several offences, are the short-term
sentences. In view of the decision in the case of
Kiran Kumar Vs. State of M.P. - (2001) 9 SCC 211,
benefit will have to be extended to the applicants-
appellants when they have demonstrated that the
material and significant points raised by them in
the appeal are required to be considered at the
time of final hearing of the appeal. Further, the
applicants were on bail during the trial, they have
not misused their liberty and had also deposited
the fine amount. In view of the matter, it can be
said that a case is definitely made out for
releasing the applicants on bail by suspending the
substantive sentence during pendency and final
disposal of the appeal. Hence, following order,-
ORDER
i. The Criminal Application stands
allowed.
ii. The substantive sentence imposed
on the applicants by learned Additional
Sessions Judge-6, Latur, vide judgment
and order dated 15.2.2021 in Sessions
Case No.70/2019, is hereby suspended till
hearing and final disposal of the appeal.
iii. The applicants - 1) Kavishwar
s/o Baburao Madile; and 2) Ranjit s/o
Eknath Ghodke, be released on their
executing PR and SB of Rs.15,000/
(Rupees fifteen thousand) each.
iv. The applicants shall not commit
any criminal activity.
v. The applicants shall remain
present before the learned Trial Judge
once in six months, till final hearing
and disposal of the appeal, commencing
from the date they tender bail papers
and, thereafter, the Trial Judge to fix
dates for their subsequent appearances.
vi. In case of two consecutive
defaults on the part of the applicants to
remain present before the Sessions Court,
the Sessions Court to inform this Court
about the same and in that eventuality,
the prosecution would be at liberty to
file an application for cancellation of
the bail granted to the applicants.
vii. Bail before the Sessions Court.
(SMT. VIBHA KANKANWADI)
JUDGE
BDV
