Bombay High Court
Nitin S/O. Sampatrao Maske And Anr vs The State Of Maharashtra And ... on 4 May, 2021
Bench: V. V. Kankanwadi
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1003 OF 2021
IN
CRIMINAL APPEAL NO.237 of 2021
1) Nitin s/o Sampatrao Maske
and Anr. = APPLICANTS
VERSUS
The State of Maharashtra & Anr. = RESPONDENTS
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Mr.SB Ghatol-Patil,Advocate for Applicant/s;
Mr.AM Phule,APP for Respondent-State.
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CORAM : SMT.VIBHA KANKANWADI,J.
DATE : 4th May, 2021.
PER COURT :-
1. Heard Shri SB Ghatol-Patil, learned
Advocate for applicants and Shri AM Phule, learned
APP, for Respondent-State.
2. In this Criminal Application, the
applicants pray for suspension of substantive
sentences and releasing them on bail during
pendency and final hearing of the Criminal Appeal.
3. The applicants are the original accused
Nos.1 and 2 in Special (Atrocity) Case No.20 of
2019, who have been convicted and sentenced by
learned Special Judge and Additional Sessions
Judge, Parbhani, vide judgment and order dated
16.3.2021, thus -
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a) For the offence punishable under
Section 354-A(i) and (iv) read with 34 of
IPC, and sentenced to suffer R.I. for
one year and to pay fine of Rs.1,000/-
each, I.D. to suffer S.I. for ten days
each;
4. It is vehemently submitted on behalf of
the applicants that the applicants were on bail by
suspending the sentence by trial Court. The trial
is already complete and there is no question of
tampering of the witnesses or no possibility of
threats to the prosecution witnesses. They have
deposited the fine amount. The sentence that has
been awarded against the applicants is a short term
sentence. The applicants are falsely implicated by
the informant in the alleged crime. They are
having immovable property and roots in the locality
and would abide by every conditions in the event of
their release on bail. The learned Sessions Judge
has misread and misconstrued the evidence brought
on record and erred in convicting and sentencing
the applicants. The prosecution has utterly failed
to prove the charges levelled against the
applicant/s by a cogent and reliable evidence on
record and the conviction is not sustainable in law
and facts of the case. The learned Advocate
further submits that the appeal involves other
legal points/issues, which the
applicants/appellants intend to agitate and address
them at the time of final hearing of the appeal and
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they have every hope of success in the appeal.
Consequently, the applicants pray for releasing
them on bail by suspending the substantive sentence
awarded by the learned Sessions Judge on such terms
and conditions as this Court may deem fit and
proper.
5. Per contra, learned APP strongly resisted
the application and supported the reasons assigned
by the learned Sessions Judge while convicting and
imposing the sentence against the applicants. The
learned Sessions Judge has properly scanned and
scrutinized 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
sentence, that has been awarded against the
applicants for the offence, in question, is a
short-term sentence. 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
applicants-appellants when they have demonstrated
that the material and significant points raised by
them in the appeal are required to be considered at
the time of final hearing of the appeal. Further,
the applicants were on bail during the trial, they
have not misused their liberty and had also
deposited the fine amount. In view of the matter,
it can be said that a case is definitely made out
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(4)
for releasing the applicants on bail by suspending
the substantive sentence during pendency and final
disposal of the appeal. Hence, following order,-
ORDER
i. The Criminal Application stands
allowed.
ii. The substantive sentence imposed
on the applicants by learned Special
Judge and Additional Sessions Judge,
Parbhani in Special (Atrocity) Case No.
20 of 2019, vide judgment and order dated
16.3.2021, is hereby suspended till
hearing and final disposal of the appeal.
iii. The applicants - 1) Nitin s/o
Sampatrao Maske; and 2) Baliram s/o
Ganesh Raut, be released on their
executing PR and SB of Rs.30,000/ (Rupees
fifteen thousand) with two sureties of
Rs.15,000/- 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 appeal, 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 Sessions Court,
the Sessions 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 Sessions Court.
(SMT. VIBHA KANKANWADI)
JUDGE
BDV
