Rahul Tukaram Dhengale And Anr vs The State Of Maharashtra And ...
2021 Latest Caselaw 13290 Bom

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                                                            Cri.Appln.759-2021

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

                     909 CRIMINAL APPLICATION NO.759 OF 2021
                                        IN
                         CRIMINAL APPEAL NO.152 OF 2021

1.      Rahul s/o Tukaram Dhengale
        Age 20 years, Occu. Labour
2.      Aniket s/o Nandkumar Bansode,
        Age 22 years, Occu. Labour
        All R/o Vikat Nagar, Latur,
        Taluka and District Latur                                 ..Applicants
                Versus

        The State of Maharashtra,
        through Police Inspector,
        M.I.D.C. Police Station, Latur,
        Taluka and District Latur                                 ..Respondent

Mr P.P. More, Advocate for Applicants
Mr Rajendra V. Dasalkar, A.P.P. for respondent/State

                                      CORAM : V.K. JADHAV AND
                                              SHRIKANT D. KULKARNI, JJ.

                                       DATE : 16th September 2021
PER COURT :


1.      Heard both the sides.

2.      By order dated 16.7.2021, this Court (Coram : V.K. Jadhav and S.G.

Dige, JJ) released the appellants/original accused nos.1, 2 and 4 on bail by

suspending the sentence. So far as the present applicant no.2 is concerned,

he is original accused no.3. The applicant no.2/original accused no.3 was on

bail during trial.


3.      By order dated 3.9.2021, we had requested the learned A.P.P. to call

special report from the Investigating Officer as to the antecedents of the

applicant no.2 Aniket s/o Nandkumar Bansode. The learned A.P.P. has placed

before us the report in writing from P.S.I., Police Station, M.I.D.C., Latur.




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                                                              Cri.Appln.759-2021

4.      It is informed that except the present crime, no other crime is registered

against the applicant no.2/accused no.3 - Aniket s/o Nandkumar Bansode in

the Police Station, M.I.D.C., Latur.


5.      We have carefully perused the notes of evidence, particularly, deposition

of PW-1/injured Ramesh.          It appears that the incident had taken place on

15.12.2018 at about 9.00 to 9.30 p.m. for a trifling reason. Though the main

role has been attributed to the present applicant no.2/accused no.3, however,

the applicant no.2/accused no.3 allegedly inflicted only one blow of knife on the

abdomen of PW-1/injured Ramesh.           Though PW-5 Dr. Rahul Kulkarni has

opined that the injury on the abdomen of PW-1/injured Ramesh was severe

and life threatening, however, considering the fact that the applicant

no.2/accused no.3 - Aniket was on bail during trial and also the fact that his

antecedents are clear, we are inclined to release him on bail, by suspending

the substantive part of sentence. Hence, the following order :

                                         ORDER

(I) Criminal Application is hereby allowed.

(II) Pending the Criminal Appeal No.152 of 2021 preferred against the

judgment and order of conviction passed by the Sessions Judge, Latur,

dated 08.03.2021 in Sessions Case No.54 of 2019, the substantive part

of sentence is hereby suspended to the extent of applicant no.2/original

accused no.3 Aniket s/o Nandkumar Bansode and till then, he be

released on bail on furnishing P.B. of Rs.20,000/- (Rs. Twenty thousand)

with one solvent surety of the like amount.

Cri.Appln.759-2021

(III) Criminal Application No.759 of 2021 is disposed of.

( SHRIKANT D. KULKARNI, J.) ( V.K. JADHAV, J.)

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