Bombay High Court
Gulabrao Shankarrao Mhaske vs The State Of Maharashtra on 30 August, 2021
Bench: V.K. Jadhav, Shrikant Dattatray Kulkarni
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
5 CRIMINAL APPLICATION NO.1890 OF 2021
IN
CRIMINAL APPEAL ST NO. 5641 OF 2021
GULABRAO SHANKARRAO MHASKE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Bagdiya Vishal A
APP for Respondent : Mr. S P Deshmukh
...
CORAM : V.K. JADHAV & SHRIKANT D. KULKARNI, JJ.
Dated: August 30, 2021
...
PER COURT :-
1. Heard.
2. Issue notice to the respondent/State. The learned
APP waives notice for the respondent State.
3. The learned counsel for the applicant submits that
the applicant who is the Karta of the family, is behind
the bars since his arrest in connection with the present
crime. As per the prosecution case, the applicant
allegedly committed murder of his wife and daughter.
Thus, in the family only old aged mother of the
applicant and one another daughter of the applicant
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remained. Further said daughter is the prosecution
witness. There was no one in the family to prefer an
appeal within time. Learned counsel for the applicant
submits that, the applicant came to be released on
Covid Emergency Parole before one month of this year
and the applicant came to know that no appeal against
the judgment and order of conviction passed against
him has been preferred.
4. We have also heard the learned APP for the
respondent State.
5. It appears that the applicant is the sole accused
tried for the offence punishable under section 302 of the
Indian Penal Code for having committed the murder of
his wife and daughter and the learned Additional
Sessions Judge, Hingoli in Sessions Trial no.50 of 2015
by judgment and order of convicted dated 30.1.2018
convicted the applicant/accused under section 302 of
the IPC and sentenced him to suffer rigorous
imprisonment for life for for the offence punishable
under section 302 of the IPC for each of murder and to
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pay fne of Rs.10,000/- on each count. In default to
suffer R.I. for one year each. Learned counsel for the
applicant/accused submits that, the applicant has hope
of success in appeal. In view of the same, the applicant/
accused should get one opportunity by way of fling the
appeal to re-assess the evidence. Though delay is
inordinate one, however, considering the above stated
facts, we are inclined to condone the delay. Hence,
following order.
ORDER
1. Application is allowed in terms of prayer
clause 'B'.
2. Criminal application is accordingly disposed
off.
( SHRIKANT D. KULKARNI, J. ) ( V.K. JADHAV, J. )
...
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