Vinod Gulabrao Arsod vs State Of Maharashtra, Thr. Pso Ps ...
2021 Latest Caselaw 16568 Bom

appa 214.21.0dt.                                                                                               1/3


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR

     Criminal Application (APPA) No.214/2021 in Criminal Appeal
                            No.146/2021
                                 (Vinod Arsod V State of Maharashtra)
*******************************************************************************************************************
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                        Court's or Judge's Orders
or directions and Registrar's orders.
*******************************************************************************************************************
                 Mr. Samir S. Das, Adv (appointed) for applicant/appellant.
                 Mr. T.A. Mirza, APP for State.


                            CORAM : M.S. SONAK & PUSHPA V. GANEDIWALA, JJ.

DATE : 30-11-2021.

By way of this application under Section 389 of the

Code of Criminal Procedure, 1973, the applicant/appellant is

seeking suspension of his substantive sentence of imprisonment for

life for the offence punishable under Section 302 of the Indian

Penal Code (IPC).

2. We have heard learned Counsel Mr. Samir S. Das,

appearing for the applicant/appellant and Mr. Mirza, learned APP

appearing for the State. We have perused the impugned judgment

and order so also the copies of depositions of the witnesses with

the assistance of learned Counsel for both the sides.

3. At the outset, we found substance in the contention of

learned Counsel Mr. Samir S. Das that the learned Sessions Judge

has prima facie committed an error in not giving an opportunity of

appa 214.21.0dt. 2/3

cross examining the prosecution witnesses on the charge of murder

which was added against the applicant/appellant after recording

of evidence of all the prosecution witnesses.

4. It is worthwhile to mention here, that initially the

learned Sessions Judge framed charge against the appellant for the

offences punishable under Sections 498A, 306 and 304B of the IPC

below Exhibit-5 on 27-03-2019. Thereafter, the learned Sessions

Judge recorded the evidence of all the prosecution witnesses i.e

seven prosecution witnesses and then framed additional charge

below Exhibit-63 for the offence punishable under Section 302 of

the IPC on 29-01-2020. Ultimately, the learned Sessions Judge

recorded the conviction against the appellant for the offence

punishable under Section 302 of the IPC.

5. The learned APP could not point out that the learned

Sessions Judge had given an opportunity to the accused to cross

examine the prosecution witnesses on the charge of murder. This

ground in our opinion is sufficient, at this stage, to suspend the

substantive sentence of imprisonment of the applicant/appellant on

the following terms and conditions :-

(i) The applicant/appellant-Vinod Gulabrao Arsod shall be released on bail pending decision of the appeal on execution of Personal Bond of Rs.50,000/-

appa 214.21.0dt. 3/3

(Rs. Fifty Thousand only) and one surety in the like amount.

(ii) The applicant/appellant shall make available himself at the time of final hearing of the present appeal.

6. Fees of the learned appointed Counsel shall be

quantified at Rs. 2000/-.

7. Application stands disposed of.

(Pushpa V. Ganediwala, J.) (M.S. Sonak, J.)

Deshmukh