Adina Wd/O. Subhash Rathod And ... vs The State Of Mah. Thr. Pso, Ps ...
2022 Latest Caselaw 3760 Bom

appa15.22                                                                                     1
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR


                CRIMINAL APPLICATION (APPA) NO. 15/2022
                                  IN
                     CRIMINAL APPEAL NO. 12/2022
                                     Adina S.Rathod & anr.
                                          ...VERSUS...
                                             State
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Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                             Shri Anil Mardikar, Sr. Adv a/b Ms. A. Kshirsagar, Adv for the
                             Applicant(s)
                             Shri S.M. Ghodeswar, APP for the Non-applicant/Respondent - State


                          CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.

APRIL 06, 2022

This is an Application for suspension of substantive jail sentence and for grant of bail. This Application is filed by both the convicts who stand convicted by the judgment passed by the learned Sessions Judge, Yavatmal dated 29/11/2021 in Sessions Case No. 187/2019 for the offences punishable under Sections 302 & 34 of the Indian Penal Code.

Heard Shri Anil S. Mardikar, learned Senior Advocate and Shri S.M. Ghodeswar, learned APP for the State in extenso.

ANSARI

With the assistance of both the learned Advocates, we have gone through the relevant portion from the record and proceedings which was summoned for consideration of this Application.

After detailed hearing when the Court expressed its opinion that the Court is not inclined to grant relief in favour of the Applicant No. 2 - Ankush Dilip Ade, who was Accused No. 2 in the Trial Court, the learned Senior Advocate submitted that permission be given to him to not press the present Application on his behalf. Insofar as the Application of the Applicant No. 1 is concerned, it is the submission of the learned Senior Advocate that she is woman. Further, she was on bail throughout during the pendency of the trial and at no point of time, she has misused the liberty granted to her.

The learned APP has opposed the prayer stating that merely because the Applicant No. 1 was on bail, that by itself, is not sufficient to grant bail.

The learned APP is right in that behalf. However, we consider the case qua the Applicant No. 1. From the Trial Court judgment, it is clear that though PW1 Switi, the daughter of the Applicant No. 1 and the Deceased, who was examined as an eye-witness, the learned Judge of the Trial Court himself has not considered her evidence by

ANSARI

observing that her evidence is not helpful to the prosecution to act upon against the Accused. Thus, the entire case of the prosecution is based on circumstantial evidence.

Looking to the quality of the evidence in respect of the circumstances qua the Applicant No. 1 is concerned, we are of the view that the Application of the Applicant No. 1 can be considered favourably.

Resultantly, we pass the following order:-

(a) The Application filed on behalf of the Applicant No. 2 Ankush Dilip Ade stands rejected as withdrawn.

Adina Wd/o Subhash Rathod is hereby allowed.

(c) The judgment and order of conviction dated 29/11/2021 passed by the learned Sessions Judge, Yavatmal in Sessions Trial No. 187/2019 qua the Applicant No. 1 shall stand remain suspended during the pendency of the Appeal.

ANSARI

(d) The Applicant No. 1 Adina Wd/o Subhash Rathod be released on bail on she executing P.R. Bond of Rs. Five Thousand with one solvent surety of the like amount.

(e) The bail bonds to be executed before the learned Sessions Court.

(f) At the time of execution of the bail bonds, the Applicant No. 1 shall give her residential address and shall attend the Sessions Court, Yavatmal once in six months during the pendency of the Appeal.

(g) The Applicant No. 1 shall personally remain present before the Court at the time of final hearing of the Appeal.

With this, the Application is partly allowed and disposed of.

(JUDGE) (JUDGE)

Signed By:AKRAM PARVEZ MAQSOOD AHMAD ANSARI Private Secretary to Hon'ble Judge Signing Date:06.04.2022 17:17

ANSARI