Manwar @ Kachara Anwar Sayyed vs The State Of Maharashtra And Anr
2022 Latest Caselaw 7606 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                                  INTERIM APPLICATION NO. 2203 OF 2022
                                                  IN
                                    CRIMINAL APPEAL NO.685 OF 2022

                      Manwar @ Kachara Anwar Sayyed                   .. Applicant
                           Versus
                      The State of Maharashtra and Anr.               .. Respondents

                                                ......
                      Mr.Ashok Kumar Dubey a/w. Ms.Shweta Yadav, Advocate for the
                      Applicant.

                      Mrs.M.M. Deshmukh, APP for the Respondent - State.
                                                   ......
                                    CORAM : REVATI MOHITE DERE &
                                              SHARMILA U. DESHMUKH, JJ.

DATED : AUGUST 03, 2022.

P.C. :

Heard learned counsel for the parties.

2 By this application, the applicant seeks suspension of his RAJESHRI PRAKASH sentence and enlargement on bail, pending the hearing and final AHER Digitally signed by RAJESHRI PRAKASH AHER disposal of the aforesaid Appeal.

Date: 2022.08.04
18:23:43 +0530




                      3           The applicant vide judgment and order dated 10th
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December, 2021, passed by the learned Additional Sessions Judge,

Borivali, Dindoshi, Mumbai, in Sessions Case No.107 of 2017, has

been convicted for the offence punishable under Section 307 of the

Indian Penal Code ("IPC', for short), and, has been sentenced to suffer

imprisonment for life and to pay fine of Rs.50,000/-, in default, to

undergo further rigorous imprisonment for two years and six months.

4 Perused the papers with the assistance of the learned

counsel for the respective parties.

5 A perusal of the evidence of P.W.2 - Karan Chandra Singh

shows that the incident took place on 9 th September, 2016 at about

03:30 a.m., when he had gone to answer nature's call. He has stated

that whilst he was consuming whitener, as a drug, the applicant met

him and asked him for the whitener for his consumption. P.W. 2 -

Karan Chandra Singh, has further stated that he provided the whitener

to him for the first time, however, when the applicant again demanded

the whitener, he refused. P.W. 2 - Karan Chandra Singh has stated that

when he started walking, the applicant followed him and again rpa 3/4 9 ia2203 of 2022.doc

demanded the whitener and when he refused to give, the applicant

assaulted him with a big long nail cutter in his abdomen; and

thereafter, on his left shoulder. It appears that when P.W.2 - Karan

Chandra Singh sat, the applicant told him that he will take him to the

hospital and made him sit in an auto-rickshaw; and whilst in auto-

rickshaw, the applicant again took out the said weapon and stabbed

him twice in his abdomen; assaulted him in his chest; and thereafter,

in his left eye and behind his left ear. P.W. 2 - Karan Chandra Singh

has further stated that the public saved him from the applicant. A

perusal of the evidence of P.W.13 - Dr.Bhushan Kale shows the nature

of injuries sustained by P.W.2 - Karan Chandra Singh. The said injuries

read thus:-

      1       Rupture of globe of left eye.
      2       Incised wound measuring 3 cm. X 1 cm. X 0.5 cm.

over right side of chest without pleural breach. 3 Incised wound measuring 1 cm. X 0.5 cm. X 0.5 cm.

subcutaneous depth in left hypochondrium. 4 Incised wound measuring 0.5 c.m X 0.5 cm. X 0.5 c.m. subcutaneous depth in left hypochondrium.

      5       Incised wound measuring 4 cm. X 1 cm. X 2 cm.with
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peritonel breach in left hypochondrium. 6 Incised wound measuring 0.5 cm. X 0.5 cm. X 0.5 cm. subcutaneous depth in left hypochondrium. 7 Incised wound measuring 2 cm. X 1 cm. X 1 cm.

depth upto abdonminal wall muscle layer in left hypochondrium.

8 Incised wound measuring 6 cm. X 0.5 cm.

subcutaneous deep over catered side of left chest, horizontal crossing mid axillary line."

6 Considering the nature of injuries sustained by P.W. 2 -

Karan Chandra Singh and his evidence, this is not a fit case to suspend

the applicant's sentence and enlarge him on bail.

7           Interim Application is rejected.


8           However, hearing of the Appeal is expedited.


9           Liberty is granted to the applicant to circulate the Appeal

on receipt of R and P and paper book.




SHARMILA U. DESHMUKH, J.                       REVATI MOHITE DERE, J.