Bombay High Court
Bhagwat S/O Tukaram Bhendarkar vs State Of Maharashtra, Thr. Police ... on 1 March, 2021
Bench: V.M. Deshpande
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N THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION NO.24 OF 2021
Bhagwat s/o Tukaram Bhendarkar
Vs.
State of Maharashtra, through PSO, PS Hudkeshwar, Nagpur
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri A.K. Bhangde, Advocate for applicant.
Smt. M.A. Barabde, APP for non-applicant
CORAM : V.M. DESHPANDE, J.
DATE : 1st MARCH, 2021.
Heard Shri A.K. Bhangade, learned counsel for
the applicant and Smt. M.A. Brabde, learned Additional
Public Prosecutor for non-applicant.
(2) In the intervening night of 14.04.2014 and
15.04.2014, Dnyaneshwar Chute committed suicide by
hanging himself in his house. The said incident was reported
by his wife Smt. Vijaya Chute to the Police Station,
Hudkeshwar. On that, a crime was registered against the
present applicant vide Crime No.98 of 2014 for the offence
punishable under Section 306 of the Indian Penal Code.
During the investigation, a suicide note (Exhibit-31) was
seized by the Investigating Officer from the cloths of the
deceased. The prosecuting agency also examined PW-4
Ravindra Goley, Handwriting Expert, however, his evidence
was discarded by the learned Assistant Sessions Judge,
Nagpur before whom the trial was conducted.
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(3) The evidence of PW-4-Handwriting Expert was not
accepted by the Court below regarding of Exhibit-31 on the
ground that there was least chance of manipulation from
prosecution side.
(4) After having gone through the impugned judgment
and in the light of the fact that evidence of Handwriting
Expert was discarded, I am of the view, that the applicant
has made out a case for admission. Hence, Rule.
(5) Call for record and proceedings of Sessions Trial
No.69 of 2015 decided by the learned Assistant Sessions
Judge, Nagpur on 20.11.2015 together with Criminal Appeal
No.182 of 2016 decided by the learned Sessions Judge,
Nagpur on 12.02.2021.
CRIMINAL APPLICATION (APPR) NO.55 OF 2021.
(6) This is an application for suspension of
substantive jail sentence and for grant of bail.
(7) The applicant was prosecuted for the offence
punishable under Section 306 of the Indian Penal Code.
(8) The investigation has culminated into registration
of Sessions Trial No.69 of 2015. The learned Assistant
Sessions Judge, Nagpur, found that the prosecution has
proved its case and therefore, convicted the applicant for the
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offence punishable under Section 306 of the I.P.C. The
applicant was directed to suffer rigorous imprisonment for
five years and to pay a fine of Rs.5,000/-. Being dissatisfied
with it, the applicant preferred Criminal Appeal No.182 of
2016 before the learned Sessions Judge, Nagpur. Learned
Sessions Judge, Nagpur vide judgment and order dated
12.02.2021 partly allowed the appeal filed on behalf of the
applicant. Though the conviction was maintained, he
reduced the quantum of jail sentence from five years to two
years. There was no reduction in the fine amount. Against
that the present revision is filed before this Court.
(9) Today, after hearing the learned counsel for the
applicant and learned Additional Public Prosecutor for the
non-applicant and after having gone through the impugned
judgment and order, the revision is admitted for final
hearing.
(10) The applicant was on bail during the trial and
also during the pendency of the criminal appeal as it could
be seen from the operative portion of both the judgments.
(11) The learned counsel for the applicant submits
that the applicant is in jail after the pronouncement of the
sentence by the learned Appellate Court.
(12) Looking at the quantum of the sentence imposed
upon the applicant and the fact that the applicant has made
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out an arguable case a discretion can be exercised in favour
of the applicant. Consequently, I pass the following order
ORDER
(i) The criminal application is allowed.
(ii) The substantive jail sentence imposed upon the
applicant by the learned Assistant Sessions Judge,
Nagpur on 16.08.2016 in Sessions Trial No.69 of
2015 convicting the applicant for the offence
punishable under Section 306 of the Indian Penal
Code together with judgment and order dated
12.02.2021 passed by the learned Additional
Sessions Judge, Nagpur in Criminal Appeal No.182 of
2016, shall remain suspended during pendency of
this revision.
(iii) Applicant - Bhagwat s/o Tukaram Bhendarkar
be released on bail on he executing PR bond in the
sum of Rs.15,000/- with one solvent surety of the
like amount.
(iv) The bail bonds to be executed before the
learned Trial Court.
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(v) The applicant is directed to attend Police
Station, Hudkeshwar, Nagpur once in three months
during pendency of this revision.
(vi) The applicant shall remain personally present
before this Court at the time of hearing of this
revision.
(vii) The application is disposed of.
JUDGE
Wagh
