Punjaram Ragho Mahale vs The State Of Maharashtra
2021 Latest Caselaw 10220 Bom

                                           15-ia-1336-20 in apl-1335-19


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION NO. 1336 OF 2020
                              IN
                CRIMINAL APPEAL NO. 1335 OF 2019

 Punjaram Ragho Mahale                               ..Applicant
      V/s.
 The State of Maharashtra                            ..Respondent

                                    ----

 Ms. Akshata Desai i/b. Mr. Nitin Sejpal, for the Applicant.
 Smt. M. M. Deshmukh, APP for the Respondent / State.

                                    ----

                               CORAM : NITIN JAMDAR AND
                                       C. V. BHADANG, JJ.

                               DATE : 3 August 2021

 P.C.

 .        This is an Application for suspension of sentence and
 release of the Applicant on bail. By the impugned judgment and
 order dated 5 July 2019, learned Additional Sessions Judge at
 Nashik in Sessions Case No.96/2016 has convicted the Applicant
 for the offence punishable under Section 302 of IPC and he has
 been sentenced to suffer imprisonment for life and to pay fine of
 Rs.5,000/- and in default, to suffer Simple Imprisonment (S.I.)
 for six months.


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                                               15-ia-1336-20 in apl-1335-19


 2.       We have heard the learned counsel for the Applicant and
 the learned APP. Perused record.


 3.       As per prosecution case, there was a quarrel between
 deceased Yuvraj Bhika Mahale and Ramchandra Mahale in which
 Applicant intervened, whereupon the deceased is alleged to have
 abused the Applicant. Annoyed by this, the Applicant brought a
 wooden log and assaulted the deceased on his head. On account
 of the assault, the deceased sustained injuries to which he
 succumbed.


 4.       The prosecution evidence consists of statement by P.W.2 -
 Ramchandra Mahale on the point of deceased being last seen
 together with the Applicant and the confessional statement by the
 Applicant offering to produce the weapon and the blood stained
 clothes.          Admittedly, there is no eye witness account of the
 incident available on record. A perusal of the evidence of P.W.2
 prima facie shows that the deceased was hurling abuses 'to the
 drunkards' when the Applicant arrived at the spot. As per the
 evidence of Narmadabai (P.W.1) widow of the deceased, the
 deceased was found lying at Sabarkandi in an injured condition.


 5.       Considering the over all circumstances and prima facie
 having regard to the fact that the prosecution evidence consists of
 the evidence of last seen together which is in a public place and


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 the discovery which is challenged by the Applicant and which
 cannot be said to be substantive piece of evidence, we find that
 the sentence can be suspended. Hence, the following order.


                                      ORDER

1. The substantive sentence of imprisonment awarded to the Applicant is hereby suspended pending disposal of the Appeal, subject to the Applicant furnishing a P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount and upon payment of the fine, if not already paid.

2. The Interim Application is disposed of in the aforesaid terms.

   (C. V. BHADANG, J.)                            (NITIN JAMDAR, J.)




      Mamta Kale                                                          page 3 of 3