Bombay High Court
Suraj Narayan Mane And Ors vs The State Of Maharashtra on 13 July, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.07.14 15:46:53
CHITNIS +0530
36-ia.2920.2021&443.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.2920 OF 2021
IN
CRIMINAL APPEAL NO.538 OF 2021
Vijay Suresh Gund ...Applicant
Versus
The State of Maharashtra ...Respondent
WITH
CRIMINAL INTERIM APPLICATION NO.443 OF 2022
IN
CRIMINAL APPEAL NO.569 OF 2021
1. Suraj Narayan Mane
2. Bapu Shivaji Kamble
3. Dilip Gajendra Sonawane ...Applicants
Versus
The State of Maharashtra ...Respondent
Mr. Keshav Chavan, for the Applicant in IA/2920/2021
Mr. Ujwal R. Agandsurve, for the Applicants in IA/443/2022.
Ms. G. P. Mulekar, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
DATE : 13th JULY 2022
N. S. Chitnis 1/6
36-ia.2920.2021&443.2022.doc
P.C. :
1. Heard learned counsel for the parties.
2. By these applications, the applicants seek suspension of
their sentence and enlargement on bail, pending the hearing and final
disposal of their aforesaid appeals.
3. The applicants in both the aforesaid applications vide
Judgment and Order dated 13th May 2021, passed by the learned
Additional Sessions Judge, Pune, in Sessions Case No.523 of 2014
have been convicted for the offence punishable under Section 302 r/w
34 of the Indian Penal Code (I.P.C) and have been sentenced to
undergo imprisonment for life and to pay fine, in default, to suffer
further rigorous imprisonment for three months each. The applicants
were however acquitted of the offences punishable under Sections
143, 147, 148, 149 of the I.P.C and under Sections 37(1) and 135 of
the Maharashtra Police Act.
N. S. Chitnis 2/6
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4. Learned Counsel for the applicants in both the aforesaid
applications submit that the only role ascribed to the applicants is that
of assault by fist and kick blows to Deepak (deceased). They submit
that co-accused - Amit Dhotre is alleged to have assaulted Deepak
with a sickle on his person. Co-accused - Amit Dhotre is also alleged
to have picked up a big stone and assaulted Deepak with the said
stone. They submit that the applicants were on bail pending trial, and
that they have not misused or abused the liberty granted to them.
They further submit that the applicants cannot be held responsible for
the assault by co-accused - Amit Dhotre on the deceased and as such
Section 34 of the I.P.C. will not apply.
5. Learned APP opposes the applications.
6. Perused the papers. It appears that deceased - Deepak
Sakat was externed by Bibvewadi police. It appears that despite the
externment order, Deepak entered the Bibvewadi jurisdiction, when
the alleged incident took place. PW2 - Sandip Sakat, the brother of
N. S. Chitnis 3/6
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deceased - Deepak has stated that Ganesh Tupere, Bapu Kamble and
Dilip Sonawane were annoyed with his brother. PW2 - Sandip has
stated that Deepak was called by Ganesh Tupere, in order to take
revenge of murder of Dinesh Tupere, who was murdered by Bilal
Shaikh and his accomplice. According to PW2 - Sandip, the incident
took place on 9th March 2014 at around 7:30 p.m. when Deepak had
come to his locality. He has stated that the applicants and other co-
accused were standing behind the house of Bapu Kamble and that
suddenly he heard cries of his brother, pursuant to which, he went to
the spot. He has stated that he saw the applicant - Suraj Mane having
held Deepak and applicants - Bapu Kamble, Dilip Sonawane and Vijay
Gund assaulting Deepak with fist and kick blows. He has stated that
co-accused - Amit Dhotre, assaulted Deepak with a sickle and when
the said sickle fell down from his hand, co-accused - Santosh Sutkar
picked up the said sickle and assaulted with the same on Deepak's
throat. Co-accused - Amit Dhotre is also alleged to have picked up a
big stone and assaulted Deepak with the said stone. He has stated that
he, his father and other persons thereafter took Deepak to the
N. S. Chitnis 4/6
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hospital.
7. From the evidence, it appears that the applicants assaulted
Deepak with fist and kick blows. Admittedly, the applicants were not
armed with any weapon. Whether or not Section 34 of the I.P.C. will
apply or whether Amit Dhotre and Santosh Sutkar will be liable for
their individual acts, will be considered on a detailed appreciation of
evidence, when the appeals are finally heard.
8. Considering the evidence as stated aforesaid and the fact
that the applicants were on bail pending trial, the applications are
allowed and the applicants sentences are suspended and they are
enlarged on bail, pending the hearing and final disposal of their
aforesaid appeals, on the following terms and conditions :-
ORDER
i) The Applicants be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.25,000/- each with one or two sureties in the like
amount;
N. S. Chitnis 5/6
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ii) The Applicants shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till their Appeals
are finally disposed of;
iii) The Applicants 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.
9. The Applications are allowed in the aforesaid terms and
are accordingly disposed of.
10. All concerned to act on the authenticated copy of this
order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
N. S. Chitnis 6/6
