Bombay High Court
Appa @ Sitaram Pandurang More vs The State Of Maharashtra on 17 August, 2022
Bench: R.P. Mohite-Dere, Sharmila U. Deshmukh
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.08.19
CHITNIS 13:46:44 +0530
13-ia.2322.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.2322 OF 2022
IN
CRIMINAL APPEAL NO.593 OF 2022
(THROUGH JAIL)
Appa @Sitaram Pandurang More ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Ranjeet H. Patil, for the Applicant.
Mr. A. R. Kapadnis, A.P.P for the Respondent No.1 - State.
None for the Respondent No.2.
PSI - Vishwajeet S. Gadwe, M.I.D.C, Kupwad Police Station, Sangli, is
present.
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : 17th AUGUST 2022
P.C. :
1. Heard learned counsel for the parties.
2. By this interim application, the applicant seeks suspension
of his sentence and enlargement on bail, pending the hearing and
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final disposal of his aforesaid appeal.
3. The applicant alongwith other co-accused, vide Judgment
and Order dated 25th January 2021, passed by learned Sessions Judge,
Sangli, in Sessions Case No. 64 of 2016, has been convicted and
sentenced as under:-
- for the offence punishable under Section 302 r/w Section 120-B
of the Indian Penal Code, to suffer rigorous imprisonment for life
and to pay fine of Rs.25,000/- each, in default, to suffer further
rigorous imprisonment for 2 years;
- for the offence punishable under Section 120-B of the Indian
Penal Code, to suffer rigorous imprisonment for life and to pay fine
of Rs.5,000/- each, in default, to suffer further rigorous imprisonment
for 6 months.
- Both the aforesaid sentences were directed to run concurrently.
As far as offences punishable under Sections 143, 144, 147, 148,
149 of the Indian Penal Code and Sections 4, 25 and 27 of the Arms
Act and Section 135 of the Maharashtra Police Act, are concerned, the
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applicant was acquitted of the said offences.
4. Mr. Patil, learned counsel for the applicant seeks bail on
the ground of parity as well as on merits. He submits that the role of
the applicant is similar to that of co-accused - Moula Abdul Mulla,
whose sentence was suspended and who was enlarged on bail by this
Court, vide order dated 7th June 2022. He further submits that the
role of the applicant is also similar to that of co-accused - Hanmant
Ananda Kamble, whose sentence was also suspended and who was
enlarged on bail by this Court, vide order dated 21 st October 2021.
He relied on the said orders, which are from pages 129 to 139 of the
application.
5. Learned APP does not dispute that the role of the applicant
is similar to that of the said co-accused - Moula Abdul Mulla and
Hanmant Ananda Kamble.
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6. Perused the said orders dated 21 st October 2021 and 7 th
June 2022, passed by this Court, suspending the sentences of co-
accused - Moula Abdul Mulla and Hanmant Ananda Kamble and
enlarging them on bail. This Court whilst releasing co-accused -
Hanmant Kamble, has observed in para 5 of the order dated 21 st
October 2021 that prima facie, the finding recorded by the trial Court
that the deceased was last seen in the company of the applicant
alongwith the other co-accused was not in consonance with the
evidence of PW4 - Nitin More, PW8 - Dhananjay Chavan and PW9 -
Omkar Jadhav. As far as the evidence of PW9 - Omkar Jadhav is
concerned, the said witness has turned hostile. As far as evidence of
last seen is concerned, PW8 - Dhananjay Chavan has stated that the
applicant was last seen in the company of the deceased, however, PW4
- Nitin More, has not named the applicant, as having last seen, the
applicant in the company of the deceased. There is recovery of
weapons, at the instance of the applicant. There was recovery of a
blood stained weapon, even at the instance of co-accused - Moula
Abdul Mulla and recovery of blood stained clothes, at the instance of
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co-accused - Hanmant Kamble. The role of the applicant is thus
similar to that of co-accused - Moula Abdul Mulla and Hanmant
Ananda Kamble, whose sentences have been suspended and who have
been enlarged on bail, pending the hearing and final disposal of their
appeals.
7. Considering the aforesaid, having regard to the fact that
the role of the applicant is similar to that of co-accused - Moula
Abdul Mulla and Hanmant Ananda Kamble, the application is
allowed and the applicant's sentence is also 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 furnishing P.R.Bond
in the sum of Rs.25,000/- with one solvent surety 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
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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.
8. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
9. All concerned to act on the authenticated copy of this
order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
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