Bombay High Court
Sarabjitsingh Harbhajan ... vs The State Of Maharashtra on 8 July, 2021
Bench: Prakash Deu Naik
4-Ia-792-2019-In-Apeal-43-2020-With-Ia-1504-2021-In-Apeal-43-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 792 OF 2019
ALONG WITH
INTERIM APPLICATION NO. 1504 OF 2021
IN
CRIMINAL APPEAL NO.43 OF 2020
Sarabjitsingh Harbhajan Lakshotra
@ Happysingh ... Applicant
Versus
The State of Maharashtra ... Respondent
.....
Mr. Aniket Vagal, Advocate for the Applicant in both Interim
Applications.
Mr. S. R. Agarkar, APP for the Respondent - State.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 8th JULY, 2021
PER COURT:
1. Interim Application No. 792 of 2019 is preferred for
suspension of sentence of imprisonment imposed vide Judgment and
order dated 19th July, 2019 passed by Additional Sessions Judge,
Sessions Court, Gr. Mumbai in Sessions Case No. 514 of 2013.
Interim Application No. 1504 of 2021 is filed by applicant through
Jail for hearing his application for bail. The applicant is convicted
for offence punishable under Section 307 of Indian Penal Code (for
short "IPC") and sentenced to suffer imprisonment of Seven years.
He is also convicted for offence under Section 326(A) of IPC and
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sentenced to suffer imprisonment for Ten years.
2. The Judgment of conviction has been challenged by
preferring appeal which has been admitted and pending for final
disposal.
3. The case of the prosecution is that there is dispute
amongst brothers about sharing the rent of Dhaba owned by the
family. The applicant and the victim are real brothers. On 23 rd
February, 2013, the injured was assaulted by the applicant with axe
and the applicant/accused also thrown acid on him. The First
Information Report (for short 'FIR') was registered. Charge-sheet was
filed. The applicant was tried for the said offences and convicted.
4. Learned advocate for the applicant made following
submissions :-
i) There was no intention to cause death. Hence, Section
307 of IPC is not attracted.
ii) The injuries were not serious. The injured was
discharged from the hospital after 5 days.
iii) The applicant was granted bail during the pendency of
trial on a condition that he should stay out of jurisdiction of Andheri
(E) Marol and more particularly shall not to visit Uttam Dhaba until
disposal of the case.
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iv) The applicant is in custody for a period of about two
years and nine months. While on bail during the period of trial, the
applicant has not misused the facility of bail. The applicant did not
tamper with the evidence.
5. Learned APP submitted that the offence is of serious
nature. The injuries of injured were serious. The applicant has
assaulted the injured with axe causing injuries and also thrown acid,
which is resulted an injury. The nature of injuries would suggests
that the applicant had intention to kill the injured. Hence, the
sentence may not be suspended.
6. The incident is of 2013. The applicant was on bail
during the trial for substantial period of time. He is in custody for a
period of about Two years and Nine months. Conditions was imposed
on the applicant restraining him from entering into the jurisdiction of
Andheri (E) Marol and not to visit Dhaba. It is not reported that the
applicant had misused the facility of bail. It is not disputed that there
are no criminal antecedents against the applicant. The Medical
Officer have described the nature of injuries. In the evidence of PW-
10 it is deposed that the patient was admitted on 23 rd February, 2013
and discharged on 28th February, 2013. In the cross examination he
stated that there are three types of injuries, simple, grievious and
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dangerous to the life. It is true that while issuing certificate, it is
required to specify the nature of injuries. In examination paper he
has not specified the types of injuries. It is true that for the first time
he gave his opinion in the Court in respect to the injuries suffered by
the patient. The patient did not develop any infection. There was no
continuous bleeding after suture to the injuries. The applicant has
undergone custody for a period of two years and nine months. The
appeal against conviction has been admitted by this Court. The
appeal is not likely to be heard shortly. The order granting bail
during the pendency of trial indicate that the applicant was directed
not to enter the jurisdiction of Andheri (E) Marol and and restrained
from visit to Uttam Dhaba until disposal of the case. He was also
directed to attend concerned Police Station. Considering the
aforesaid circumstances, sentence can be suspended on certain terms
and conditions.
7. Hence, I pass the following order:
ORDER
(i) Interim Application Nos. 792 of 2019 & 1504 of 2021
are allowed.
(ii) The sentence of imprisonment imposed vide Judgment
and order dated 19th July, 2019 passed by the Sessions Court
in Sessions Case No. 514 of 2013 is suspended during the
pendency of appeal and applicant is directed to be released on
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bail on executing P.R. Bond in the sum of Rs.25,000/- with one
or more local solvent sureties in the like amount;
(iii) The applicant shall attend M.I.D.C. Police Station once
in four months on first Saturday of the month between 11:00
a.m. to 1:00 p.m.
(iv) The applicant shall not enter into the jurisdiction of
Andheri (E), Marol and he shall not visit Uttam Dhabha till
further orders.
(v) Interim Applications stand disposed of accordingly.
(PRAKASH D. NAIK, J.)
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