Yogesh Shivaji More vs The State Of Maharashtra
2022 Latest Caselaw 6428 Bom

                                                   18-IA-772-2022.odt

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

               INTERIM APPLICATION NO. 772 OF 2022
                               IN
                 CRIMINAL APPEAL NO. 234 OF 2022

Yogesh Shivaji More                         ... Applicant
          Versus
The State of Maharashtra                    ... Respondent


Mr.Aniket U. Nikam a/w. Mr. Aashish Satpute, Mr.Piyush Toshniwal
for the Applicant.
Mrs. P.P. Shinde, APP for the Respondent - State.

                           CORAM : REVATI MOHITE DERE &
                                   V. G. BISHT, JJ.

                            DATE :    7th 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 appeal.



3.        The applicant, vide judgment and order dated 5 th February,

2022 passed by the learned Additional Sessions Judge, Malegaon,


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District Nashik in Sessions Case No. 60 of 2010, has been convicted

and sentenced as under :-

         -    for the offence punishable under Section 302 of the

         Indian Penal Code (IPC) to suffer rigorous imprisonment for

         life and to pay fine of Rs.2,000/-, in default to undergo

         further rigorous imprisonment for 1 year;

         -    for the offence punishable under Section 201 of the IPC

         to suffer rigorous imprisonment for 5 years and to pay fine of

         Rs. 1,000/-, in default, to undergo further rigorous

         imprisonment for 6 months;


4.       The applicant was acquitted of the offence punishable under

Section 394 read with 34 of the IPC.



5.       All the substantive sentences were directed to run concurrently.



6.       Perused the papers. The case of the prosecution rests entirely

on the circumstantial evidence. The prosecution has relied on three

circumstances i.e. (i) last call received by the deceased Amol

allegedly from the applicant; (ii) the recovery of a key and an Alto



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car at the instance of the applicant (allegedly owned by the

complainant), and (iii) the deceased was allegedly having a love

affair with Ujjwala, who was a relative of the applicant.



7.       As far as first circumstance is concerned i.e. last call received

by the deceased Amol allegedly from the applicant, it appears from a

perusal of the cross-examination that the investigating officer i.e.

PW-7, had not made any enquiry as to in whose name the mobile

number 9423554571 was standing. Prima facie, it appears that

except the statement of the investigating officer that the holder of

the above mobile number was the applicant, there is no evidence on

record to corroborate the said fact.



8.       As far as the recovery of a key and an Alto car is concerned, it

appears that there are some discrepancies with respect to the

evidence of recovery of the said car.



9.       As far as motive is concerned, the prosecution case is, that the

deceased was having a love affair with Ujjwala, who was a relative of

the applicant.       Admittedly, the prosecution has not examined

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Ujjwala.     Prima facie, there is no evidence to show that Ujjwala is

the relative of the applicant.



10.      It appears that the applicant was on bail, pending trial and that

he has not abused or misused the liberty granted to him.



11.      Considering the aforesaid, 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 :-

                                         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

four months on the day/date specified by the trial Court,

till his appeal is finally disposed of;

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                       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.

V. G. BISHT, J. REVATI MOHITE DERE, J.

Digitally signed by TRUPTI TRUPTI SADANAND SADANAND BAMNE BAMNE Date:

2022.07.08 14:11:54 +0530

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