Bombay High Court
Deepak Karbhari Shelke And Ors vs The State Of Maharashtra on 30 June, 2021
Bench: R.P. Mohite-Dere
26-IA-1485-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1485 OF 2021
IN
CRIMINAL APPEAL NO. 487 OF 2021
1. Deepak Karbhari Shelke,
2. Santosh Karbhari Shelke
3. Parubai Karbhari Shelke ...Applicants
Versus
The State of Maharashtra ...Respondent
Mr. Vaibhav Kadam for the Applicants
Mr. S. V. Gavand, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
(THROUGH VIDEO-CONFERENCING)
WEDNESDAY, 30th JUNE 2021
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicants seek suspension of their
sentences and enlargement on bail, pending the hearing and final disposal
of the appeal.
SQ Pathan 1/5
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3 The applicants along with other co-accused, vide judgment and
order dated 8th March 2021 passed by the learned Additional Sessions
Judge, Nashik, in Session Case No. 109/2015, have been convicted and
sentenced as under:
- for the offence punishable under Section 307 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 7 years each
and to pay fine of Rs.500/- each, in default, to suffer rigorous
imprisonment for 3 months each.
4 Learned counsel for the applicants submits that the applicants
were on bail pending trial. He submits that a perusal of the evidence of the
injured i.e. PW 2-Harish Shergil shows that it is co-accused-Vicky Khicchi,
who pulled out a knife from his pocket and assaulted the injured on his
head. He submits that as far as the applicants - Deepak and Santosh are
concerned, they are stated to have assaulted the injured with wooden logs
and the applicant Parubai is stated to have pulled the injured's hair and
instigated the accused. He submits that it is not stated as to on which part
of the body, the applicants - Deepak and Santosh assaulted with wooden
logs.
SQ Pathan 2/5
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5 Learned counsel has tendered affidavit-cum-undertaking of the
applicant-Deepak Shelke, duly affirmed before the Circle Jailor, Nashik
Road Central Prison and affidavit-cum-undertaking of the applicant-
Santosh Shelke, duly notarised before the Notary. Both the affidavits-cum-
undertakings are taken on record. In the said affidavits-cum-undertaking,
the applicants have stated that if they are released on bail, they will not
commit or will not indulge in any crime, in future.
6 Learned APP opposes the application. He submits that the
applicant - Deepak has antecedents.
7 A perusal of the evidence of the injured i.e. PW 3-Harish
Shergil shows that the incident took place at the spur of a moment and that
in the said incident, both the applicants got wooden logs and assaulted
Harish; co-accused-Parubai Shelke held the injured by his hair; and co-
accused-Vicky Khicchi pulled out a knife from his pocket and assaulted the
injured on his head, right armpit and back and also again assaulted the
injured with a stone. The evidence of Dr. Dadhich (PW 5) shows that the
injured had several multiple CLW and stab injuries i.e. stab wound on right
side of upper back of size 8 cm x 2 cm x 1 cm, bone deep; stab wound on
right side of para-spinal region near lumber spine of size 3 cm x 1 cm x 0.5
SQ Pathan 3/5
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muscle deep and incise wound on frontal aspect of scalp of size 6 cm x 2
cm muscle deep. The stab injuries are stated to have been caused by co-
accused - Vicky, with a knife. The applicants - Deepak and Santosh were
on bail pending trial. The applicants have also filed the affidavits-cum-
undertakings, having regard to their earlier antecedents that they will not
commit any offence in the future.
8 Having regard to what is stated above, the application is
allowed and the applicants' sentences are suspended and they are enlarged
on bail, pending the hearing and final disposal of their appeal, on the
following terms and conditions :
ORDER
(i) The applicants be enlarged on bail on furnishing P.R.
Bond in the sum of Rs.20,000/- each, with one or two sureties in the
like amount;
(ii) The applicants shall report to the trial Court, once in two
months on the day/date specified by the trial Court, till their appeal is
finally disposed of;
(iii) The applicants shall not contact or threaten the
SQ Pathan 4/5
26-IA-1485-2021.doc
complainant, witnesses or any person concerned with the case;
(iv) 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;
(v) If there are two consecutive defaults in appearing before
the trial Court, the learned Judge shall make a report to the High
Court and the prosecution would be at liberty to file an application
seeking cancellation of bail.
9 The application is disposed of accordingly.
10 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
