Bombay High Court
Balasaheb @ Balaji Babasaheb ... vs The State Of Maharashtra on 15 March, 2021
Bench: V. V. Kankanwadi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
28 CRIMINAL APPLICATION NO.623 OF 2021
IN APPEAL/118/2021 WITH APPEAL/118/2021
BALASAHEB @ BALAJI BABASAHEB JAGTAP
VERSUS
THE STATE OF MAHARASHTRA
...
Mr. H.P. Jadhav, Advocate for the applicant
Mr. A.V. Deshmukh, APP for the respondent
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 15th MARCH, 2021.
PER COURT :
1 Heard learned Advocate Mr. H.P. Jadhav for the applicant and
learned APP Mr. A.V. Deshmukh for the respondent.
2 Learned APP has strongly opposed the application for suspension
of sentence submitting that the well reasoned Judgment has been delivered
by the learned Trial Judge.
3 The learned Advocate for the applicant submits that the
applicant was on bail throughout the trial. He has been falsely implicated.
Further, the informant, who was the Gramsevak, himself has turned hostile.
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Yet, the conviction has been awarded. The applicant has merits in the
appeal.
4 It appears that apart from the present applicant there were two
more accused persons, against whom the FIR was lodged and the prosecution
was launched. They have been charged and tried for the offence punishable
under Section 353, 323, 504 read with Section 34 of the Indian Penal Code
and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 in Special (Atrocity) Case No.14/2014
decided by the learned Special Judge, under the Atrocities Act (Additional
Sessions Judge), Ambajogai, Dist. Beed on 26.02.2021. Only the present
applicant came to be convicted that too for Section 353 only. He has been
sentenced thus -
"The Accused No.(1) Balasaheb @ Balaji s/o Babasaheb Jagtap is
hereby held guilty for the offence punishable under Section 353 of the
Indian Penal Code and sentenced to suffer simple imprisonment of
two months and a fine of Rs.5,000/-. In default of payment of fine
amount, accused to suffer simple imprisonment for 15 days."
5 It also appears from the impugned Judgment that the informant
himself has turned hostile. No doubt, the learned Trial Judge has relied upon
the decision by the Apex Court stating that hostility of a witness does not
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debar the Court from considering the other evidence on record. Under such
circumstance, whether other evidence is available or not is required to be
considered, and therefore, case is made out to suspend the sentence. Taking
into consideration that it is a small sentence, Kiran Kumar vs. State of M.P.,
(2001) 9 SCC 211, he deserves to be released on bail pending appeal.
Hence, following order.
ORDER
1 The Criminal Application stands allowed.
2 The substantive sentence imposed on the applicant/appellant by
the learned Special Judge under the Atrocities Act (Additional Sessions
Judge), Ambajogai, Dist. Beed vide Judgment and order dated 26.02.2021 in
Special (Atrocity) Case No.14/2014, is hereby suspended till hearing and
final disposal of Criminal Appeal No.118 of 2021.
3 The applicant Balasaheb @ Balaji Babasaheb Jagtap be released
on P.R. of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety in the
lime amount.
4 The applicant shall not commit any criminal activity.
5 The applicant shall remain present before the learned Trial Judge
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once in six months, till final hearing and disposal of the appeal, commencing
from the date he tenders bail papers and thereafter, the Trial Judge to fix
dates for his subsequent appearances.
6 In case of two consecutive defaults on the part of the applicant to
remain present before the Trial Court, the Trial Court to inform this Court
about the same and in that eventuality, the prosecution would be at liberty to
file an application for cancellation of the bail granted to the applicant.
7 Bail before the Trial Court.
( Smt. Vibha Kankanwadi, J. )
agd
