Bombay High Court
Roshan Bhimdas Kadam vs The State Of Maharashtra on 5 July, 2021
Bench: Anuja Prabhudessai
Megha 18_apeal_428_2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1364 OF 2021
WITH
INTERIM APPLICATION NO.1363 OF 2021
IN
CRIMINAL APPEAL NO.428 OF 2021
Roshan Bhimdas Kadam ...Applicant/Appellant
Versus
The State of Maharashtra ...Respondent
....
Mr. Dattatraya H. Kumthekar for the Applicant.
Mr. S.V. Gavand, APP for the Respondent-State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 5th JULY, 2021.
P.C.:-
The Applicant herein has fled these applications under
Section 389 of the Code of Criminal Procedure, 1973, for suspension of
substantive order of sentence passed by learned Additional Sessions
Judge, Ratnagiri in Sessions Case No.11 of 2018 and for release on bail.
2. The Applicant was tried for ofences punishable under
Sections 307 and 341 of the Indian Penal Code, 1860. The Trial Court by
judgment dated 25/03/2021 convicted the Applicant for ofence
punishable under Sections 307 of the IPC and sentenced him to sufer
Megha 18_apeal_428_2021.doc
rigorous imprisonment for 7 years and to pay fne of Rs.10,000/- i/d. to
sufer further rigorous imprisonment for sixm months. Aggrieved by the
conviction, the Applicant has fled a Criminal Appeal, pending which the
Applicant has prayed for suspension of sentence.
3. I have perused the records and considered the submissions
advanced by the learned counsel for the Applicant and the learned APP
for the Respondent-State.
4. The Applicant has been held guilty of ofence under Section
307 of the IPC, which prescribes punishment for attempt to murder. It
may be noted that for the purpose of conviction under Section 307 of
the IPC, burden is on prosecution to prove that the accused had
committed the act with an intention to commit murder, which can be
gathered from the nature of the injury, nature of the weapon used, part
of the body where the injury was caused, etc. In the present case,
evidence of the victim (PW3) indicates that the accused had given a
blow of glass bottle on her head. She claims that thereafter the
Applicant inficted a blow on her neck with a broken piece of the bottle.
Whereas PW6-Vaishnavi, who is an eye witness claims that the
Applicant had given a blow of bottle on the head of the the victim and
thereafter inficted injuries on her head and shoulder by means of a
Megha 18_apeal_428_2021.doc
knife. Prima facie there is discrepancy as regards the nature of weapon
used in inficting injury on the neck.
5. The evidence of PW4 -Dr. Ambarish Nikhilesh Aagashe
indicates that the victim had (i) CLW over right deltoid muscle, caused
by sharp object. (ii) and CLW over nape of neck caused by sharp object
(iii) CLW over anterior triangle of neck caused by sharp object. (iv)CLW
just beneath Mandible, injury was caused by sharp object. This witness
has classifed the injury at Sr. Nos. (iii) and (iv) as grievous injuries, as
according to him the victim could have succumbed to death because of
exmcessive bleeding. His evidence indicates that the victim was
discharged from the hospital on the same day, which prima facie
suggests that the injuries were not life threatening.
6. Considering the above facts and circumstances, in my
considered view, this is a ft case to suspend the sentence and release
the Applicant on bail pending fnal disposal of the appeal on merits.
Hence, the applications are allowed on following terms and conditions:-
(i) Exmecution of substantive sentence in Sessions Case
No.11 of 2018 is suspended till the fnal disposal of the
appeal on merits.
Megha 18_apeal_428_2021.doc
(ii) Applicant is ordered to be released on bail on furnishing
bail bonds of Rs.30,000/- with one or two sureties in
the like amount to the satisfaction of the Trial Court.
(iii) The Applicant shall furnish his contact number and
permanent as well as local address, if any and shall
intimate change of address to the Investigating Ofcer
as well as to the concerned Court.
(iv) The Applicant is directed to report to Wadala Police
Station on frst Monday of every month till disposal of
the appeal.
(v) The Applicant shall not interfere with the victim in any
manner.
7. The Applications stand disposed of in above terms.
(SMT. ANUJA PRABHUDESSAI, J.)
