Bombay High Court
Pandurang S/O Govinda Chute (In ... vs State Of Maharashtra Thr. Pso Ps ... on 29 April, 2022
Bench: V.M. Deshpande, Amit B. Borkar
1 2.appa.364.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPA) NO.364/2020
IN
CRIMINAL APPEAL NO.341/2020
Pandurang s/o. Govinda Chute Vs. The State of Maharashtra
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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 V. D. Muley, Advocate for Applicant.
Shri M. K. Pathan, A.P.P. for Non-applicant/State.
CORAM : V. M. DESHPANDE AND
AMIT BORKAR, JJ.
DATE : 29/04/2022.
1. This is an application for suspension of
substantive jail sentence and for grant of bail.
2. Heard Shri V. D. Muley learned counsel for the
applicant and Shri M. K. Pathan, learned A.P.P. for the
State. With their able assistance we have also gone through
the record and proceedings of Sessions Trial No.64/2016
decided by the learned Additional Sessions Judge,
Bhandara, dated 20.06.2020 under which the present
applicant stands convicted for the offence punishable under
Section 302 of the Indian Penal Code.
3. Applicant along with his wife Gopika were
charged for the offence punishable under Section 302 read
with Section 34 of the Indian Penal Code for committing
murder of their close relative Pandhari Chute. The learned
Judge by the impugned judgment though acquitted Gopika,
convicted applicant - Pandurang.
2 2.appa.364.20
4. There are two eye witnesses in the prosecution
case. They are PW2- Ratiram Gopala Chute and PW3-
Sau. Anusaya Devnath Bhendarkar. Reading of their
evidence would show that something was said by deceased
to the acquitted accused - Gopikabai, which was ultimately
communicated to the present applicant, resultantly he took
out the wooden stick and gave two blows on the head of
the deceased, resulting into his death.
5. There are no criminal antecedents against the
present applicant. He was on bail during trial and at no
point of time he has misused the liberty granted to him.
6. It appears from the evidence as adduced on
record that the incident in question has occurred in a spur
of moment and the entire incident was over within very
few minutes. In that view of the matter, we are of the view
that ultimately at the time of final hearing the Court may
scale down the offence from under Section 302 of the
Indian Penal Code to any lesser one. In that view of the
matter, the present application can be considered
favourably. Resultantly, we pass following order.
i] The judgment and order of conviction convicting
applicant - Pandurang s/o. Govinda Chute in Sessions Trial
No.64/2016 by the learned Additional Sessions Judge,
Bhandara dated 20.06.2020 shall remain suspended during
pendency of the present appeal.
3 2.appa.364.20
ii] Applicant Pandurang s/o. Govinda Chute be
released on bail on he executing PR bond of Rs.5000/- with
one solvent surety in the like amount.
iii] The applicant is directed to attend Police Station
Palandur, Dist. Bhandara once in six months and shall mark
his presence during the pendency of the present appeal.
iv] The applicant is directed to remain personally
present before this Court at the time of final hearing of this
appeal.
v] The learned Judge who will be ultimately
issuing the release warrant, shall ensure that entire fine
amount is deposited by the present applicant, if not already
deposited.
With these observation, the application is
allowed and disposed of.
JUDGE JUDGE
RGurnule
Digitally signed byRANJANA
MANOJ MANDADE
Signing Date:29.04.2022
18:13
