Kailash Shankar Bacchav vs The State Of Maharashtra And Anr
2021 Latest Caselaw 17458 Bom

P.H. Jayani                                         14 IA2434.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                 INTERIM APPLICATION NO. 2434 OF 2021
                                  IN
                   CRIMINAL APPEAL NO. 835 OF 2021

Kailash Shankar Bacchav                               .... Applicant
           v/s.
The State of Maharashtra and anr.                     .... Respondents

Mr. Jayendra Khairnar for the Applicant.
Mr. P.H. Gaikwad, APP for the State.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 15th DECEMBER, 2021.

P. C. :-

. This is an Application under section 389 of Cr.P.C. for suspension

of substantive sentence imposed by judgment dated 30/08/2021 in

Sessions Case No.15/2017. By the impugned judgment, the learned

Additional Sessions Judge, Malegaon has held the Applicant guilty of

offence under section 307 of the Indian Penal Code and sentenced him

to undergo rigorous imprisonment for ten years with fine of

Rs.50,000/- in default to suffer rigorous imprisonment for six months

for offence under section 307 of IPC ; rigorous imprisonment for one

month for offence under section 341 of IPC.

2. The Applicant along with eight other accused were charged for

committing offences under sections 143, 147, 148, 307, 323, 341, r/w.

P.H. Jayani 14 IA2434.2021.doc

149 of IPC. It was the case of the prosecution that the Applicant and

the other co-accused formed an unlawful assembly armed with deadly

weapons with common object of causing death of Eknath Sonawane. In

furtherance of the common object, the Applicant and others assaulted

him by means of sickle, kicks and blows. The learned Judge has

acquitted all the other accused and has held the Applicant guilty of

offence under sections 307 and 341 of IPC.

3. It is to be noted that PW2 - Eknath Sonawane (injured) had

alleged that this Applicant had inflicted a blow of sickle on his neck.

This is the only role attributed by the Applicant. The medical evidence

does not prima facie indicate that the injured had sustained any

grievous injuries on the neck or vital parts of the body.

4. Considering the nature of evidence as against the Applicant, this

would be a fit case to suspend the substantive sentence pending

hearing of the Appeal. Hence, the Interim Application is allowed on

following terms and conditions :-

(a) Substantive sentence imposed against the Applicant

by judgment dated 30/08/2021 in Sessions Case No.15/2017,

is suspended pending hearing of the Appeal ;

                       P.H. Jayani                                               14 IA2434.2021.doc

                                    (b)       The Applicant shall be released on bail on furnishing

P.R. Bonds in the sum of Rs.15,000/- with one or two solvent

sureties in the like amount to the satisfaction of the Trial

Court ;

(c) The Applicant shall report to the Trial Court once in

two months on the day/date specified by the Trial Court, till

the Appeal is finally disposed of ;

(d) The Applicant shall keep the trial Court informed of

his current address and mobile/contact numbers and/or

change of residence or mobile details, if any, from time to

time ;

(e) If there are two consecutive defaults in appearing

before the trial Court, the learned Judge shall make a report to

the High Court and the prosecution would be at liberty to file

application seeking cancellation of bail.

5. Interim Application stands disposed of accordingly.

PREETI H JAYANI Digitally signed by PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Date: 2021.12.17 11:38:29 +0530