Sampat Sambhaji Dhaigude And Ors vs The State Of Maharashtra
2022 Latest Caselaw 4469 Bom

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                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION


                                CRIMINAL INTERIM APPLICATION NO.1224 OF 2022
                                                    IN
                                      CRIMINAL APPEAL NO.386 OF 2022



                      1)       Sampat Sambhaji Dhaigude;           ]
                      2)       Ganpat Sambhaji Dhaigude;           ]
                      3)       Ramesh Bhanudas Dhaigude;           ]
                      4)       Rahul Vitthal Dhaigude;             ]
                      5)       Vitthal Sakharam Dhaigude;          ]
                      6)       Sambhaji Sakharam Dhaigude;         ]
                      7)       Bhanudas Sakharam Dhaigude; and ]
                      8)       Popat Sakharam Dhaigude             ] ..Applicants/Appellants
                            Versus
                      State of Maharashtra                         ]     .. Respondent

                                                     ......
                      Mr.Kuldeep S. Patil i/b. Mr.Prashant S. Hagare, Advocate for the
                      Applicants/Appellants.

                      Mr.S.V. Gavand, APP for the Respondent - State.

                      P.N. Pokale, Walchand Nagar Police Station, Mumbai, present.
                                                       ......
RAJESHRI
PRAKASH
AHER
Digitally signed by
                                                         CORAM :   PRAKASH D. NAIK, J.
RAJESHRI PRAKASH
AHER
Date: 2022.04.29
16:27:36 +0530

                                                         DATED :   APRIL 27, 2022.

                      P.C. :

                                    This is an application for suspension of sentence and

                      grant of bail during the pendency of criminal Appeal No.386 of 2022.
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2            The applicants are convicted vide judgment and order

dated 29th March, 2022, passed by Additional Sessions Judge,

Baramati, District-Pune, in Sessions Case No.57 of 2012, for the

offence punishable under Section 326 of Indian Penal Code ("IPC", for

short) and sentenced to suffer imprisonment of fve years. They were

also convicted for the offence punishable under Sections 325, 324,

148 read with 149 of IPC, and, sentenced to suffer imprisonment of

three years, one year and six months each, respectively, for the

aforesaid offences.



3            The applicants were acquitted for the offence punishable

under Section 307 of IPC.



4            The prosecution case is that there is dispute between the

parties relating to the agricultural land. The proceedings in that

regard are pending before the Collector and the Civil Court. The

accused had allegedly assaulted the injured persons by weapons like

sticks, iron rod, spades etc. The injured persons suffered injuries and

the FIR was registered. On completing investigation, charge-sheet was

fled.



5            Learned advocate for the applicants submitted that the
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applicants were on bail during the trial. They are in custody from the

date of conviction. Several persons were implicated in this case on

account of dispute over the property. The medical evidence is

contrary to the ocular evidence. There is no corroborative evidence to

substantiate the alleged assault by axe. Some of the applicants senior

citizens. Applicant Nos.6, 7 and 8 are aged about 76, 63 and 66 years.

During the trial, while on bail, the applicants have not misused the

faculty of bail. The sentence is of short term.



6            Learned APP submitted that specifc role has been

attributed to the applicant. Their convictions are on the basis of oral

and medical evidence. The accused has assaulted the injured persons

with weapons. Injured persons had suffered serious injuries.



7            It is not disputed that the applicants were on bail during

trial. There is no adverse record of misuse of the facility of bail

granted to them. Some of the applicants are senior citizens. On

account of property dispute, it is alleged that the injured persons were

assaulted by the applicants. Several issues are raised about the

discrepancies and the evidence. The sentence is of short term. The

Appeal may not reach for hearing within short span of time. Hence,

case for suspension of sentence and grant of bail is made out.
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8            Hence, I pass the following order:



                              :: O R D E R ::

(i) Interim Application No.1224 of 2022, is allowed of;

(ii) The sentence of imprisonment imposed vide judgment and

order dated 29th March, 2022, passed by the Additional

Sessions Judge, Baramati, District-Pune, in Sessions Case

No.57 of 2012, is suspended, and the applicants are directed

to be released on bail on executing P.R. Bond in the sum of

Rs.20,000/-, each, with one or more sureties in the like

amount;

(iii) Applicant Nos.1 to 5 shall attend the trial Court once in six

months on frst Saturday of the month between 11:00 a.m. to

01.00 p.m., till disposal of the Appeal;

(vi) Interim Application No.1224 of 2022, stands disposed of

accordingly.

(PRAKASH D. NAIK, J.)