Kamalbai Khandu Mahajan And Anr vs The State Of Maharashtra
2021 Latest Caselaw 9801 Bom

Megha                               16_apeal_534_2021.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

              INTERIM APPLICATION NO.1680 OF 2021
                              IN
                CRIMINAL APPEAL NO.534 OF 2021

1) Kamalbai Khandu Mahajan
2)Khandu Bhadu Mahajan                          ...Applicants
              Versus
The State of Maharashtra                       ...Respondents
                                    ....
Mr. Pratik Kalantri for the Applicants.
Mrs. G.P. Mulekar, APP for Respondent No.1-State.



                       CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 27th JULY, 2021.

P.C.:-

This is an application under Section 389 of the Code of

Criminal Procedure, 1973 for suspension of substantive order of

sentence imposed by judgment dated 04/05/2021 passed by learned

Additional Sessions Judge-3, Nashik S.C. No.123 of 2016 and to enlarge

the Applicants on bail.

2. The Applicants herein who were the accused Nos.2 and 3 in

the Sessions Case No.123 of 2016 have been convicted for ofences

punishable under Sections 304-B r/w. 34 of the IPC and sentenced to

Megha 16_apeal_534_2021.doc

sufer rigorous imprisonment for seven years and fne of Rs.5000/- each

i/d to sufer simple imprisonment for six months. They have also been

convicted for ofence punishable under Section 498A r/w 34 of the IPC

and sentenced to sufer rigorous imprisonment for three years and fne

of Rs.2000/- each i/d to sufer simple imprisonment for three months.

3. Heard Mr. Pratik Kalantri, learned counsel for the Applicants

and Mrs. G.P. Mulekar, learned APP for the State. I have perused the

records and considered the submissions advanced by the learned

counsel for the respective parties.

4. The Applicant No.2 is the mother-in-law and Applicant No.3

is the father-in-law of the deceased Poonam, who committed suicide on

21/01/2016, within 7 years of marriage. Father of the deceased lodged

FIR alleging that his daughter had committed suicide because of

physical and mental cruelty meted out to her by her husband and her in-

laws with a view to meet the unlawful demand of dowry. The father of

the deceased claims that he had paid Rs.2,00,000/- and given some gold

ornaments to his son-in-law as dowry. He has stated that the husband

of the deceased was an alcohol addict and a gambler and that he used

to harass the deceased and used to demand dowry. Prima facie, there

are no specifc allegations of cruelty against these Applicants. These

Megha 16_apeal_534_2021.doc

Applicants, who are senior citizens, were on bail during pendency of the

trial and they have not misused their liberty. Furthermore, the present

appeal is not likely to come up for hearing in immediate future in view

of the present situation arising due to Covid-19 pandemic.

5. Considering the above facts and circumstances, this is a ft

case to suspend the substantive order of sentence pending fnal

disposal of the appeal on merits. Hence, the application is allowed on

following terms and conditions:-

(i) The Applicants are ordered to be released on bail on

furnishing PR bonds of Rs.25,000/- each with one or two

sureties in the like amount.

(ii) The Applicants shall report to the Trial Court, once in six

months on the day/date specifed by the Trial Court, till

the appeal is fnally disposed of.

(iii) The Applicants shall keep the Trial Court informed of

their current address and mobile contact numbers and/

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

time to time.

(iv) If there are two consecutive defaults in appearing

before the Trial Court, the learned Judge shall make a

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report to the High Court and the prosecution would be

at liberty to fle an application seeking cancellation of

bail.

6. The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)

Digitally signed MEGHA by MEGHA S PARAB S Date:

2021.07.28 PARAB 15:36:55 +0530