Bombay High Court
Rajendra Bhagwan Modak And Anr vs The State Of Maharashtra on 25 February, 2022
Bench: Prakash Deu Naik
6-ia-638-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL SIDE APPELLATE JURISDICTION
INTERIM APPLICATION NO.638 OF 2022
IN
CRIMINAL APPEAL NO. 72 OF 2022
Rajendra Bhagwan Modak .. Applicant/
Appellant.
v/s.
The State of Maharashtra .. Respondent.
Mr. Shailesh Chavan, for the Applicant/ Appellant.
Mr. H. J. Dedhia, APP for the Respondent-State.
Digitally signed
by SMITA
SMITA RAJNIKANT
JOSHI
CORAM: PRAKASH D. NAIK, J.
RAJNIKANT
JOSHI
Date:
2022.02.26 DATED : 25th FEBRUARY, 2022.
16:41:13
+0530
PER COURT:
This is an application for suspension of sentence and grant of
bail during pendency of criminal Appeal No.72 of 2022.
2 The applicants are convicted vide judgment and order dated
21st December, 2021, passed by the Court of learned Additional Sessions
Judge, Baramati, in Sessions case No.116 of 2011.
3 The applicants (original accused nos.1 and 2) are convicted
for the offence punishable under Section 304 Part - II of Indian Penal
Code ("IPC", for short) and sentenced to suffer imprisonment of six years.
They are also convicted for the offence punishable under Sections 325 and
323 of IPC and sentenced to suffer imprisonment of two years and one
month on each count.
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6-ia-638-2022.doc
4 The case of the prosecution is that on 22nd March, 2011, the
accused were involved in assaulting the deceased and injured persons.
One of the injured had expired on 23 rd March, 2011. The First Information
Report was registered for the offences punishable under Sections 302,
326, 323, 143, 147, 148, 149, 504 and 506 of IPC.
5 Learned advocate for the applicants submitted that the
applicants were on bail during the trial. Presently, they are in custody
from the date of conviction. The FIR was registered after death of victim.
The allegations are vague. No specific overtact has been attributed to the
applicants. In the N.C. complaint registered prior to registration of FIR, it
was not stated that the accused had assaulted with stick. The trial Court
has accepted the fact that the prosecution has not established that the
assault was by stick, and drawn the inference that the assault was by fist
blows. The applicants have not misused the facility of bail.
6 Learned APP submitted that the accused were charged for the
offence under Section 302 of IPC. The deceased and other persons were
assaulted by all the accused with the common object. The trial Court has
however convicted them for the offences under Sections 326 and 302 of
IPC and other offences.
7 It is noted that the applicants were on bail during the trial.
There is no adverse report about the misuse of the facility of bail. The
submissions advanced by the learned advocate for the applicants needs
consideration. Although the accused was tried for the offence under
section 302 of IPC, for the reasons stated in the judgment they were
convicted for the offences, as stated above. The evidence of P.W.1 indicate
that all the accused had assaulted with stick. Apparently, it appears that
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6-ia-638-2022.doc
there is discrepancy with regards to the case of the prosecution about use
of stick in assault. Considering all these circumstances, the sentence of
imprisonment can be suspended.
8 Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application No.638 of 2022, is allowed;
(ii) The sentence of imprisonment imposed vide judgment and
order dated 21st December, 2021, passed by the Court of
learned Additional Sessions Judge, Baramati, in Sessions case
No.116 of 2011, is suspended and the applicants/ appellants
are directed to be released on bail on executing P.R. Bond in the
sum of Rs.25,000/-, each, with one or more sureties in the like
amount;
(iii) Applicants/appellants are permitted to furnish cash bail
security of Rs.25,000/-, each, for a period of ten weeks, in lieu
of surety;
(iv) Applicants/appellants shall attend the trial Court once in six
months on first Saturday of the month between 11:00 a.m. to
01.00 p.m., till final disposal of Appeal;
(v) In the event there are two consecutive defaults in attending the
trial Court, the said fact may be brought to the notice of this
Court and the prosecution is at liberty to move an application
for cancellation of bail;
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6-ia-638-2022.doc
(vi) Interim Application No.638 of 2022, stands disposed of
accordingly.
(PRAKASH D. NAIK,J.)
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