Bombay High Court
Bhausaheb Bhanudas Kajale And ... vs The State Of Maharashtra And ... on 24 March, 2021
Bench: V. V. Kankanwadi
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.755 OF 2021
IN
CRIMINAL REVISION APPLN.NO.48 OF 2021
1) Bhausaheb s/o Bhanudas Kajale
and others. = APPLICANTS
VERSUS
The State of Maharashtra = RESPONDENT/S
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Mr.SJ Salunke,Advocate for Applicant/s;
Mr.AM Phule,APP for Respondent-State.
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CORAM : SMT.VIBHA KANKANWADI,J.
DATE : 24th March, 2021.
ORAL JUDGMENT / PER COURT :-
1. In this Criminal Application, the
applicants, who are the original accused, pray for
suspension of substantive sentences and releasing
them on bail during pendency and final hearing of
Criminal Revision Application.
2. Heard learned Advocate and learned APP
appearing for respective parties.
3. The applicants are the original accused
Nos.1 to 6, who have been convicted by learned
Sessions Judge, Beed, vide judgment and order dated
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9th March, 2021. The applicants have been convicted
and sentenced, thus, -
a) For the offence under Section 147
read with 149 of IPC, to suffer R.I. for
one year as well as to pay fine of Rs.
500/- each, I.D., R.I. for one month;
b) For the offence under Section 325
read with 149 of IPC of, to suffer R.I.
for three years and fine of Rs.500/-,
I.D., R.I. for one month;
c) For the offence under Section 506
read with 149 of IPC, to suffer R.I. for
two years with fine of Rs. 500/-, I.D.,
R.I. for one month.
d) All the above sentences are ordered
to run concurrently.
e) It is further ordered that if fine
amount is paid, 50% thereof be paid to
the informant towards compensation.
4. It is vehemently submitted on behalf of
the applicants that the the impugned judgment and
order is perverse. The learned Judge illegally
convicted and sentenced the applicants under
Section 147 read with 149 of IPC. The learned
Judge has exceeded his jurisdiction and thus
erroneously proceeded to pass the impugned judgment
and order. The learned Sessions Court ought to
have enlarged the applicants on bail considering
the ages of the applicants, clear antecedents, the
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time undergone since commission of the alleged
crime and the circumstances, in which the crime was
committed. They have deposited the fine amount.
The applicants were on bail during the course of
the trial. The Sessions Court has passed the
impugned order on assumptions and presumptions. The
learned Advocate further submits that the revision
involves other legal points/issues, which the
applicants/appellants want to agitate and address
them at the time of final hearing of the revision
and they have every hope of success in the
revision. Consequently, the applicants pray for
enlarging them on bail by suspending the
substantive sentences awarded by the learned
Sessions Judge on such terms and conditions as this
Court may deem fit and proper.
5. Per contra, learned APP vociferously
resisted the application and supported the reasons
assigned by the learned Sessions Judge while
convicting and imposing the sentences against the
applicants. The learned APP submitted that the
prosecution evidence is consistent and reliable.
Medical certificates, so also seizure of stick and
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chains prove cause and effect of those weapons and
injuries caused by the accused persons. The
prosecution also proves spot panchanama. All those
facts prove the guilt of the accused beyond
reasonable doubt and hence they are rightly
convicted by the learned Judge. The learned
Sessions Judge has properly scanned the evidence
brought on record. It is, therefore, submitted that
the application being sans merit, deserves to be
dismissed and it be dismissed accordingly.
6. As it appears from the impugned judgment
of the learned Sessions Judge, particularly the
sentences, that have been awarded against the
applicants for several offences, are the short-term
sentences. In view of the decision in the case of
Kiran Kumar Vs. State of M.P. - (2001) 9 SCC 211,
benefit will have to be extended to the applicant-
appellant when the applicants have demonstrated
that the material and significant points raised by
them in the revision are required to be considered
at the time of final hearing of the revision.
Further, the applicants were on bail throughout
the trial, have not misused their liberty and they
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had also deposited the fine amount. In view of the
matter, it can be said that a case is definitely
made out for releasing the applicants on bail by
suspending the substantive sentence during pendency
and final disposal of the revision. Hence,
following order,-
ORDER
i. The Criminal Application stands
allowed.
ii. The substantive sentence imposed
on the applicants in Criminal Appeal No.
70/2018, by learned Sessions Judge, Beed
vide judgment and order dated 9 th March,
2021, is hereby suspended till hearing
and final disposal of the revision.
iii. The applicants be released on
their executing PR and SB of Rs.15,000/-
(Rupees fifteen thousand) each.
iv. The applicants shall not commit
any criminal activity.
v. The applicants shall remain
present before the learned Trial Judge
once in six months, till final hearing
and disposal of the revision, commencing
from the date they tender bail papers
and, thereafter, the Trial Judge to fix
dates for their subsequent appearances.
vi. In case of two consecutive
defaults on the part of the applicants 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 applicants.
vii. Bail before the Trial Court.
(SMT. VIBHA KANKANWADI)
JUDGE
BDV
