Bombay High Court
Nandu Bansi Pawar vs The State Of Maharashtra on 23 July, 2021
Bench: V.K. Jadhav, S. G. Dige
954-CrA-357-21-Othr.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.356 OF 2021
IN CRIMINAL APPEAL NO.61 OF 2021
Nandu S/o Bansi Pawar
Age: 49 years, Occu: Agri,
R/o Waghadiwadi, Tq. Partur,
Dist. Jalna ... Applicant
Versus
The State of Maharashtra
Through In-charge, Police Station Officer
Partur Police Station. Tq. Partur,
Dist. Jalna
... Respondent
...
AND
CRIMINAL APPLICATION NO.357 OF 2021
IN CRIMINAL APPEAL NO.61 OF 2021
1. Pandit W/o Bansi Pawar
Age: 56 years, Occup. Agri,
R/o: Waghadi Wadi Tq. Partur & Dist. Jalna
2. Kalabai W/o Nandu Pawar
Age: 42 years, Occup. Agri,
R/o: Waghadi Wadi Tq. Partur & Dist. Jalna
3. Sharda Vilas Rathod
Age: 30 years, Occup. Agri,
R/o: Khambewadi Tq. & Dist. Jalna
... Applicants
Versus
The State of Maharashtra
Through In-charge, Police Station Officer
Partur Police Station. Tq. Partur,
Dist. Jalna
... Respondent
...
Advocate for Applicants : Mr. Sandip R. Sapkal
APP for Respondent - State : Mr. M. M. Nerlikar
...
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CORAM : V. K. JADHAV AND
S. G. DIGE, JJ.
DATE : 23rd JULY, 2021
PER COURT :
1. Pending the Criminal Appeal No.61 of 2021 preferred
against the judgment and order passed by the Additional Sessions
Judge, Jalna, dated 30-01-2021, in Sessions Case No.07 of 2017,
convicting thereby the applicants - original accused persons to
suffer imprisonment for life and fine of Rs.5,000/- each, in default
to suffer simple imprisonment for six months, the applicant -
accused No.1 Nandu Bansi Pawar has filed Criminal Application No.
356 of 2021 and the applicants - original accused Nos. 2 to 4 have
filed Criminal Application No. 357 of 2021 for suspension of
substantive part of sentence and for bail.
2. The learned counsel for applicants in both the
applications submits that though the prosecution case rests upon
the direct evidence, however, PW-2 Anil who is the sole eye witness
to the incident is a child witness. The deceased was mother of the
child witness Anil and the applicant - original accused No.1 Nandu
is his father. The informant is the grandfather of child witness Anil
from maternal side. The learned counsel submits that after the
death of mother, child witness Anil stayed with the maternal
grandfather - informant and as per the admission given by this
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witness in paragraph No.9 of his cross examination, the grandfather
- informant was taking all care and maintenance for his upbringing,
education etc. The learned counsel for applicants submits that
there is strong possibility of tutoring.
3. The learned counsel for applicants submits that so far
as the applicants - original accused Nos. 2 to 4 are concerned, they
were on bail during the trial and they have never tried to jump the
conditions of bail. The learned counsel submits that the said child
witness has made the allegations mainly against his father i.e.
applicant - original accused No.1 Nandu for forcibly administrating
poison to the deceased. The learned counsel submits that there
was no prior concert of mind as such and the incident had taken
place in the heat of passion. The learned counsel submits that the
applicants - original accused Nos. 2 to 4, who were on bail during
the trial, may be released on bail.
4. The learned APP has strongly resisted the applications
on the ground that evidence of the child witness Anil is reliable,
trustworthy and consistent. The learned APP submits that on the
same set of facts and allegations, the trial Court has convicted the
applicant - original accused No.1 and the applicants - original
accused Nos. 2 to 4. The case of the original accused Nos. 2 to 4
cannot be considered separately. The learned APP submits that as
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per the ocular evidence, child witness Anil has deposed that the
applicant - original accused No.2 - Pandit has instigated whereas
applicant Nos. 2 and 3 (Original accused Nos. 3 and 4) caught hold
hands and legs of the deceased respectively when the applicant -
original accused No.1 was administrating poison forcibly to the
deceased.
5. It appears that during trial, the applicants in Criminal
Application No. 357 of 2021 were on bail. It further appears that
the incident had taken place as of a sudden, without any
premeditation. The applicant - original accused No.1 had returned
to the house under the influence of liquor and started extending
beating to the deceased by sitting on her abdomen. Thus,
considering the same, and since, applicants in Criminal Application
No. 357 were on bail, during trial, we are inclined to grant bail to
them.
6. So far as the applicant - original applicant No.1 in
Criminal Application No. 356 of 2021 is concerned, we find that
there is a strong case against him. He has not only extended the
beating to the deceased, but it appears that he returned to the
house with some premeditation and accordingly, administrated
poison to the deceased forcibly by sitting on her abdomen. We are
thus, not inclined to grant bail to applicant - accused No.1 in
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Criminal Application No. 356 of 2021.
7. Hence the following order :-
ORDER
I) Criminal Application No.356 of 2021 (Nandu S/o Bansi
Pawar Vs. State of Maharashtra) is hereby rejected.
II) Criminal Application No.357 of 2021 is hereby allowed.
III) Pending the hearing and final disposal of the Criminal
Appeal No.61 of 2021, the substantive part of the
sentence passed by the Additional Sessions Judge,
Jalna, against the applicants, in Sessions Case No. 07 of
2017, by the judgment and order dated 31-01-2021, to
their extent only, stands suspended and till then the
applicants - Pandit W/o Bansi Pawar, Kalabai W/o Nandu
Pawar and Sharda Vilas Rathod be released on bail on
furnishing Personal Bond of Rs.20,000/- (Rupees Twenty
Thousand Only) each with one solvent surety each of
the like amount.
III) Applications are accordingly disposed of.
(S. G. DIGE, J.) (V. K. JADHAV, J.)
SVH
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