Bombay High Court
Mahadeo Nagappa Bhairamadgi vs The State Of Maharashtra on 4 July, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2022.07.05
CHITNIS 16:12:19 +0530
37-ia.1649.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1649 OF 2022
IN
CRIMINAL APPEAL NO.607 OF 2022
Mahadeo Nagappa Bhairamadgi ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Ashok B. Tajane a/w Ms. Mallika Pujari, for the Applicant.
Ms. P. P. Shinde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
DATE : 4th JULY 2022
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final
disposal of his aforesaid appeal.
3. The applicant vide Judgment and Order dated 11 th
January 2022, passed by learned Additional Sessions Judge, Solapur
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in Sessions Case No. 124 of 2020, has been convicted for the offence
punishable under Section 302 of the Indian Penal Code and is
sentenced to suffer rigorous imprisonment for life and to pay fine of
Rs.2,000/- in default, to undergo further imprisonment for one
month.
4. Perused the papers. The prosecution case rests entirely on
circumstantial evidence. At the outset, we may note that two of the
witnesses examined by the prosecution i.e. PW3 - Virpaksh Bagale and
PW5 - Nilamma Bagale have been disbelieved by the learned Judge.
The said witnesses were examined on the point of motive. According
to the prosecution, the applicant had murdered the deceased - Iranna,
as he was suspecting that Iranna was having relations with the
applicant's wife. The prosecution has examined PW6 - Laxaman
Hangargi and PW9 - Vitthal Bake with respect to last-seen. As far as
PW6 - Laxaman is concerned, the said witness has stated that the
incident took place one and half year prior to his deposition and that
on that day when he was sitting near Hanuman temple at about 10:00
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a.m., he saw the applicant and Iranna going on a motorcycle. The said
witness has not even mentioned the date on which he had seen the
applicant and the deceased. As far as PW9 - Vitthal is concerned, the
said witness has stated that on 23 rd March 2020 at about 12:00 noon,
the applicant and deceased - Iranna, had come to his house; that they
had tea with him and thereafter they left. He has stated that at about
1:00 p.m. he heard shouts of Savita, so he went to the spot. He has
stated that he saw the applicant leaving the place on his motorcycle
and found Iranna lying in the pool of blood in the cattle shed of his
brother. Admittedly, Savita has not been examined by the prosecution.
There are certain admissions which have come in the cross-
examination of the said witness, which prima facie, makes his evidence
with respect to last-seen doubtful.
5. Considering the evidence on record, the application is
allowed and the applicant's sentence is suspended and he is enlarged
on bail, pending the hearing and final disposal of his Appeal, on the
following terms and conditions :-
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ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.20,000/- with one or two sureties 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
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.
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6. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
7. All concerned to act on the authenticated copy of this
order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
N. S. Chitnis 5/5
