Bombay High Court
Tatoba Pandurang Gardade vs The State Of Maharashtra on 2 August, 2022
Bench: R.P. Mohite-Dere, Sharmila U. Deshmukh
34-IA-478-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 478 OF 2021
(Application for Bail and Suspension of Sentence)
IN
CRIMINAL APPEAL NO. 328 OF 2020
Tatoba Pandurang Gardade ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Aniket U. Nikam i/b Mr. Vivek Nandkishor Arote for the
Appellant
Mrs. P. P. Shinde, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
TUESDAY, 2nd AUGUST 2022
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final
disposal of the appeal.
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3 The applicant, vide judgment and order dated 18 th
February 2020, passed by learned Additional Sessions Judge, Pune, in
Sessions Case No. 617/2017, has been convicted and sentenced as
under:-
- for the offence punishable under Section 302 of the
Indian Penal Code, to suffer imprisonment for life and to pay
fine of Rs.10,000/-, in default of payment of fine, to undergo
simple imprisonment for 6 months;
- for the offence punishable under Section 504 of the Indian
Penal Code, to suffer rigorous imprisonment for 1 year and to
pay fine of Rs.3,000/-, in default of payment of fine, to undergo
simple imprisonment for 1 month;
- for the offence punishable under Section 506 of the Indian
Penal Code, to suffer rigorous imprisonment for 2 years and to
pay fine of Rs.6,000/-, in default of payment of fine, to undergo
simple imprisonment for 2 months;
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- The applicant has also been convicted for the offence
punishable under Section 323 of the Indian Penal Code,
however, no separate sentence was awarded.
- The applicant was acquitted for the offence punishable
under Section 182 of the Indian Penal Code.
All the sentences were directed to run concurrently.
4 Perused the papers with the assistance of the learned
counsel for the parties. The prosecution case rests on the sole
testimony of the PW 2-Sanika Gardade, who is stated to be an eye-
witness to the alleged incident (turned hostile) and circumstantial
evidence in the form of recovery of blood-stained clothes at the
instance of the applicant and an alleged extra-judicial confession made
by the applicant to PW 1-Sunita Bergal.
5 As noted above, the daughter of the applicant, the alleged
eye-witness to the incident of assault i.e. throttling by the applicant of
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his wife, has turned hostile and has not supported the prosecution
case.
6 As far as evidence of extra-judicial confession allegedly
made by the applicant to PW 1-Sunita (complainant) is concerned, it
appears that the said statement was made to PW 1-Sunita, in the police
station, after the applicant was arrested.
7 As far as recovery of blood-stained clothes at the instance
of the applicant is concerned, it appears from the evidence that the
applicant had also accompanied the relatives when his deceased wife
was taken to the hospital and as such, fining of blood-stains on his
person, cannot prima facie be said to be incriminating. The applicant
is in custody since 2017. The appeal has been admitted by a separate
order passed on 8th March 2021. The appeal is not likely to be heard
in the immediate near future.
8 Considering the overall evidence on record, the application
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is allowed and the applicant's sentence is suspended and he is enlarged
on bail, pending the hearing and final disposal of his appeal, on the
following terms and conditions :-
ORDER
i) The applicant be enlarged on bail, on executing PR
Bond in the sum of Rs. 25,000/- with one or two sureties in the
like amount;
ii) The applicant shall report to the trial Court, once in
three months on the day/date specified by the trial Court, till his
appeal is finally disposed of;
iii) The applicant shall keep the trial Court informed of
his current address and mobile contact number and/or change
of residence or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing
before the trial Court, the learned Judge shall make a report to
the High Court and the prosecution would be at liberty to file
an application seeking cancellation of bail.
SQ Pathan 5/6
34-IA-478-2021.doc
9 The application is disposed of accordingly.
10 All concerned to act on the authenticated copy of this
order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
SQ Pathan 6/6
