Bombay High Court
Mahesh Ashok Shinde And Ors vs State Of Maharashtra on 4 August, 2022
Bench: S. V. Kotwal
1 of 4 05-IA-2577-22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2577 OF 2022
IN
CRIMINAL APPEAL NO. 773 OF 2022
Mahesh Ashok Shinde & Ors. ..Applicants
Versus
The State of Maharashtra ..Respondent
__________
Mr. Harshad Bhadbhade a/w. Arya Sapre for Appellants.
Smt. J. S. Lohokare, APP for State/Respondent.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 4th AUGUST 2022
PC :
1. The Applicants are convicted and sentenced as under:
i) For commission of offence punishable U/s.323 r/w.
149 of IPC, applicants were sentenced to suffer S.I. for
six months and to pay a fine of Rs.1000/- each and in
default to suffer S.I. for one month.
ii) For commission of offence punishable U/s.143 of
IPC applicants were sentenced to suffer S.I. for six
months and to pay a fine of Rs.5000/- each and in
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2022.08.05
11:31:23
+0530
Gokhale
2 of 4 05-IA-2577-22
default to suffer S.I. for one month.
iii) For commission of offence punishable U/s.147 of
IPC applicants were sentenced to suffer S.I. for six
months and to pay a fine of Rs.5000/- each and in
default to suffer S.I. for one month.
2. All the substantive sentences are directed to run
concurrently.
3. Learned counsel for the applicants states that the fine
amount totaling to Rs.44000/- is already paid by the applicants.
4. The prosecution case is that, the deceased Dayanand was
uncle of one Chinmay. According to the applicants, this Chinmay
was harassing a girl from the accused's family by sending her
telephonic messages.
5. On 09/02/2017, the applicants went to the house of
informant and complained about Chinmay to his family. In the
evening, Chinmay himself, his father, the deceased Dayanand and
others went to the house of accused. There was quarrel. It is
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alleged that, all the applicants started beating Chinmay with kicks
and fist blows. Ramchandra and Dayanand intervened to save
Chinmay, but they were also beaten. It is the prosecution case that,
Dayanand was beaten on his chest and stomach with kicks and fist
blows. Due to this, Dayanand sustained severe injuries. He was
shifted to the Government Hospital at Chanderai and then at Civil
hospital, Ratnagiri, but he was declared dead. C.R.No.22 of 2017
was registered at Ratnagiri Rural police station U/s.302 and other
sections of IPC. At the time of the trial, though, Charge was framed
U/s.304 of IPC, but the conviction was recorded as above. They
were convicted for much lesser offences.
6. Learned counsel for the applicant invited my attention to
the observations made in the impugned Judgment, wherein, it is
observed that the death was not likely because of such injury. The
Medical Officer had clarified that the contusion injury mentioned
in Column No.20 of the Postmortem report was simple injury.
Learned Judge had recorded a finding that, there was nothing on
record to show that, death of Dayanand was homicidal. It was
observed that, death was not due to injury but was due to the
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previous chronic illness of the deceased. Applicants were also held
guilty for causing hurt to witnesses. The applicants are sentenced
for maximum period of 6 months. The Appeal is not likely to be
heard within that period. Considering this aspect, the applicants
have made out a case for their release on bail during pendency and
final disposal of Appeal.
7. Hence, the following order:
ORDER
i) During pendency and final disposal of Criminal
Appeal No.773 of 2022, the applicants are directed
to be released on bail on furnishing P.R. bonds in
the sum of Rs.30000/- each with one or two
sureties each in the like amount.
ii) The Interim Application is disposed of.
(SARANG V. KOTWAL, J.)
