Uttam Namdev Tate vs The State Of Maharashtra
2022 Latest Caselaw 8183 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 2746 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 834 OF 2022

                     Uttam Namdev Tate                                  ..Appellant
                          Versus
                     The State of Maharashtra                           ..Respondent

                                                 __________
                     Mr. Ujwal Agandsurve for Appellant.
                     Smt. M. R. Tidke, APP for State/Respondent.
                                                 __________

                                             CORAM : SARANG V. KOTWAL, J.
                                             DATE : 22nd AUGUST 2022
                     PC :

                     1.           The Applicant was convicted and sentenced by learned

                     Additional Sessions Judge, Barshi, District Solapur vide his

                     Judgment and order dated 26/07/2022 passed in Sessions Case

                     No.76 of 2019. The Applicant was convicted for commission of

                     offences punishable U/s.304(II) and 279 of IPC and U/s.184,

                     134(b) r/w. Section 187, 66(1) r/w. Section 192A, 192 and 181 of

                     the Motor Vehicles Act. The maximum punishment imposed on

                     him was for commission of offence punishable U/s.304(II) of IPC

                     for three years.
        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
                      Gokhale
        2022.08.23
        11:18:06
        +0530
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2.        Learned counsel for the Applicant submitted that,

considering the short sentence and that the Appeal is not likely to

be taken up for final hearing in near future, bail may be granted to

him. On merits, he submitted that there is no material against the

applicant as the eye witnesses have not identified him.


3.        Learned APP opposed this application. She relied on the

evidence of eye witnesses and also on the evidence of petrol pump

employees. She contended that the applicant was driving the

vehicle in high speed.


4.        I have considered these submissions and I have perused

the depositions of the witnesses. According to the eye witnesses,

the incident had taken place when the two deceased persons were

going on the motorcycle. That motorcyclist and the pillion rider

got entangled with the chain attached to the truck causing the

accident. The eye witnesses have not specifically seen the driver

and they have not identified anybody i.e. the applicant or driver of

that truck. The petrol pump employees' evidence will have to be

examined. The appeal is not likely to be taken up for final hearing
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in near future. Therefore, the Applicant deserves to be released on

bail pending the hearing and final disposal of Appeal.


5.        Hence, the following order:


                                      ORDER

i) During pendency and final disposal of Criminal

Appeal No.834 of 2022, the applicant is directed

to be released on his executing P.R. bond in the

sum of Rs.30000/- with one or two sureties in the

like amount.

ii) The Interim Application is disposed of.

(SARANG V. KOTWAL, J.)