Bombay High Court
Rahul Tukaram Dhengale And Anr vs The State Of Maharashtra And ... on 16 July, 2021
Bench: V.K. Jadhav, Shivkumar Ganpatrao Dige
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
963 CRIMINAL APPLICATION NO.1193 OF 2021
IN
CRIMINAL APPEAL NO. 162 OF 2021
1. Akshay s/o Bhimrao Suryawanshi
2. Shubham s/o Balu Gaikwad ...Applicants
versus
The State of Maharashtra ...Respondent
.....
Mr. Sudarshan J. Salunke, advocate for the applicants
Mr. A.S. Shinde, A.P.P. for the respondent-State
.....
AND
963 CRIMINAL APPLICATION NO.759 OF 2021
IN
CRIMINAL APPEAL NO. 152 OF 2021
1. Rahul s/o Tukaram Dhengale
2. Aniket s/o Nandkumar Bansode ...Applicants
versus
The State of Maharashtra ...Respondent
.....
Mr. P.P. More, advocate for the applicants
Mr. A.S. Shinde, A.P.P. for the respondent-State
.....
CORAM : V. K. JADHAV AND
S. G. DIGE, JJ.
DATED : 16th JULY, 2021
PER COURT:-
1. Heard.
2. In criminal application No. 759 of 2021, learned counsel for the
applicants seeks leave to delete the name of respondent No.2 from
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the array of respondents. Leave granted. Delete the name of
respondent No.2 Ramesh Shankar Mane, from the array of
respondents, forthwith.
3. Pending the criminal appeal No. 162 of 2021 and criminal
appeal No. 152 of 2021 preferred against the judgment and order of
conviction passed by the Sessions Judge, Latur dated 08.03.2021 in
Sessions Case No. 54 of 2019, convicting thereby the applicants-
accused persons for the offences punishable under Section 307 r.w.
34 of I.P.C. and sentencing them to suffer imprisonment for life and
to pay fine of Rs.10,000/- each i/d to suffer R.I. for one year and also
convicting them under Section 452 r.w. 34 of I.P.C. and sentencing
them to suffer R.I. for seven years and to pay fine of Rs.10,000/-
each i/d to suffer R.I. for one year, the applicants-original accused
Nos. 1 and 4 have filed criminal application No. 1193 of 2021 and the
applicants-original accused Nos. 2 and 3 have filed criminal
application No. 759 of 2021 for suspension of substantive part of
sentence and for bail.
4. Learned counsel for the applicants in both the applications
submit that all the applicants-original accused were on bail during
trial. Learned A.P.P. has pointed out that the main role is ascribed to
accused No.3 Aniket Nandkumar Bansode, as he has inflicted a blow
on the abdomen of P.W.1 Ramesh Mane by using a knife. So far as
the applicants in criminal application No. 1193 of 2021 are
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concerned, they allegedly caught hold the informant P.W.1 Ramesh
Mane and except that, no other overt-act is ascribed to them. So far
as applicant No.1 in criminal application No. 759 of 2021 i.e. original
accused No.2 Rahul Tukaram Dhengale is concerned, he caught
hold P.W.2 Rekha, who happened to be the wife of P.W.1 Ramesh
Mane. So far as applicant No. 2 Aniket Nandkumar Bansode in
criminal application No. 759 of 2021 i.e. original accused No.3 is
concerned, learned A.P.P. seeks time to call report of the
investigating officer.
5. Thus, considering the act/overt act, as alleged against the
applicants original accused Nos. 1, 2 and 4 in the aforesaid crime,
and since they were on bail during trial, we are inclined to release
them on bail by suspending the substantive part of sentence. Hence,
we proceed to pass the following order:-
ORDER
I. Criminal application No. 1193 of 2021 is hereby allowed.
II. Pending the criminal appeal No. 162 of 2021 preferred against
the judgment and order of conviction passed by the Sessions
Judge, Latur, dated 08.03.2021 in Sessions Case No. 54 of
2019, the substantive part of sentence is hereby suspended to
the extent of applicants and till then applicant No. (1) Akshay
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s/o Bhimrao Suryawanshi and applicant No.(2) Shubham s/o
Balu Gaikwad, be released on bail on furnishing P.B. of
Rs.20,000/- (Twenty thousand) each with one solvent surety
each of the like amount.
III. Pending the criminal appeal No. 152 of 2021 against the
judgment and order of conviction passed by the Sessions
Judge, Latur, dated 08.03.2021 in Sessions Case No. 54 of
2019, the substantive part of sentence is hereby suspended to
the extent of applicant No.1 and till then applicant No. (1)
Rahul s/o Tukaram Dhengale, in criminal application No. 759
of 2021 be released on bail on furnishing P.B. of Rs.20,000/-
(Twenty thousand) with one solvent surety of the like amount.
IV. Criminal application No. 759 of 2021 is kept pending and
adjourned to 13.08.201 for considering the application of
applicant No.2 Aniket Nandkumar Bansode.
V. Criminal application No.1193 of 2021 is accordingly disposed
of.
VI. Criminal application No. 759 of 2021 is disposed of to the
extent of applicant No.1 Rahul Tukaram Dhengale.
(S. G. DIGE, J.) (V. K. JADHAV, J.)
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