Balaji Navnath Sarvade vs The State Of Maharashtra
2022 Latest Caselaw 480 Bom

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        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

              CRIMINAL APPLICATION NO. 877 OF 2021 IN
                 CRIMINAL APPEAL NO. 194 OF 2021

 Balaji s/o Navnath Sarvade                           Applicant

          Versus

 The State of Maharashtra                             Respondent


 Mr. M. V. Salunke, advocate for the applicant
 Mr. S. S. Dande, APP for the Respondent.


                               CORAM : V. K. JADHAV AND
                                       SANDIPKUMAR C. MORE, JJ.

DATE : 13th January, 2022.

PC :

1 By consent of learned Counsel for respective

parties, this application is heard fnally at the stage of

admission.

2 The applicant has preferred an appeal against the

judgment and order dated 20.03.2021, passed by the

Additional Sessions Judge, Osmanabad, in Sessions Case No.

74 of 2016, convicting the applicant-accused for the offences

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punishable under Sections 302 and 504 of the Indian Penal

Code and sentencing him to suffer imprisonment for life and

to pay fne of Rs.3000/-, in default, to suffer simple

imprisonment for three months, for the offence punishable

under Section 302 of IPC; and to suffer rigorous

imprisonment for one year with fne of Rs.500/-, in default, to

suffer simple imprisonment for one month, for the offence

punishable under Section 504 of IPC.

3 The applicant has preferred instant application for

suspension of substantive part of the sentence and for

releasing him on bail, during the pendency of appeal.

4 Learned Counsel for the applicant-accused

submits that the applicant-accused was on bail during trial.

The alleged offence has been committed in the spur of

moment without any premeditation. Further, the applicant

accused has not used any deadly weapon in the alleged

incident and while making assault on the deceased, he has

used bamboo stick. Though there are seven injuries on the

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person of the deceased, however, only two injuries are on the

head, one is abrasion and injury no.7 is only vital. The

learned Counsel submits that there is no instantaneous

death. There is no intention to commit murder. At the most,

it is a case of culpable homicide.

5 The learned A. P. P. submits that there is eye

witness to the incident and the daughter of the deceased has

witnessed the applicant-accused extending severe beating to

the deceased with the help of stick, as a result of which,

deceased had sustained bleeding injuries on his head.

Though he was immediately shifted to the hospital, however,

due to corresponding internal injuries on the head, he died.

It is a clear case of murder. The application is liable to be

rejected.

6 We have carefully gone through the paper book,

particularly evidence of P. W. 2 Vaishali, examined by the

prosecution, who is the only eye witness to the incident. It

further appears from the evidence of P.W.1 Devidas, who

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happened to be son of the deceased, to whom P. W. 2 Vaishali

had immediately reported that accused-Balaji was sleeping in

the Hanuman temple and deceased Baburao gone there and

woke up the applicant. Thus, the applicant-accused got

annoyed and quarrel took place between him and the

deceased. In the said quarrel over trife issue, without any

premeditation, in a spur of moment, the applicant-accused

allegedly given blows of bamboo stick on the head of the

deceased. Further, the applicant-accused was on bail during

trial. Thus, considering entire aspects of the case, we are

inclined to release the applicant on bail during the pendency

of appeal.

 7                Hence, we pass the following order:



 (i)              Criminal Application is hereby allowed.



 (ii)             Pending Criminal Appeal No.194 of 2021, preferred

against the judgment and order dated 20.03.2021, passed by

the Additional Sessions Judge, Osmanabad, in Sessions Case

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No. 74 of 2016, convicting the applicant-accused for the

offences punishable under Sections 302 and 504 of the

Indian Penal Code and sentencing him to suffer imprisonment

for life and to pay fne of Rs.3000/-, in default, to suffer

simple imprisonment for three months, for the offence

punishable under Section 302 of IPC; and to suffer rigorous

imprisonment for one year with fne of Rs.500/-, in default, to

suffer simple imprisonment for one month, for the offence

punishable under Section 504 of IPC, the substantive part of

the sentence is hereby suspended and the applicant-accused

- Balaji Navnath Sarvade be released on bail on furnishing P.

R. bond of Rs.20,000/- (Rs. Twenty thousand) with one

solvent surety in the like amount.

(iii) Criminal Application is accordingly disposed of.

  (SANDIPKUMAR C. MORE)                       (V. K. JADHAV)
      JUDGE                                      JUDGE

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