Bombay High Court
Rajratna @ Rashtrapal Vilas ... vs The State Of Maharashtra And Anr on 18 July, 2022
Bench: R.P. Mohite-Dere, P. K. Chavan
37. IA 1503-2022.doc
Digitally signed
by RUPALI
RAJESH
RUPALI WAKODIKAR
RAJESH Date:
WAKODIKAR 2022.07.21
12:55:03
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1503 OF 2022
IN
CRIMINAL APPEAL NO. 496 OF 2022
Rajratna @ Rashtrapal Vilas Narvade ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Vidyadhar V. Gangurde for the Applicant.
Mrs. M.M.Deshmukh, A.P.P for the Respondent-State.
Mr. Onkar Warange, appointed Counsel for the Respondent No.2.
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 18th 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
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disposal of his appeal.
3. The applicant alongwith other co-accused, vide judgment
and order dated 8th April, 2022, passed by the learned District Judge -
2 and Additional Sessions Judge, Nashik, in Sessions Case No.199 of
2016, has been convicted for the offences punishable under Sections
302, 120-B & 504 r/w 34 of the Indian Penal Code and under Section
177 of the Motor Vehicle Act, 1988. For the offence punishable
under Section 302, the applicant has been sentenced to suffer life
imprisonment.
4. Learned Counsel for the applicant submits that taking the
prosecution evidence as it stands, the only role attributed to the
applicant is of having assaulted the deceased with fist and kick blows.
He submits that the evidence on record shows that it is accused No.1 -
Yogesh Jadhav who pulled out a knife from his waist and assaulted the
deceased on his throat, chest and stomach, pursuant to which, the
deceased succumbed to the injuries. He submits that the applicant was
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on bail pending trial and that he has not abused or misused the liberty
granted to him.
5. Learned APP as well as the learned Counsel for the the
respondent No.2 opposes the application.
6. Perused the papers with the assistance of the learned
Counsel for the respective parties. PW-7 - Bhavesh Patil is an eye-
witness to the alleged incident of assault dated 11 th May, 2015.
According to PW-7 - Bhavesh Patil, the incident took place when he
had gone to Omkar's store. He has stated that the accused No.1 -
Yogesh Jadhav alongwith three others came to the spot; that accused
No.1 - Yogesh Jadhav told Anand (deceased) that he could kill him;
thereafter, accused No.1 - Yogesh Jadhav slapped Anand (deceased);
and that two other persons who came there also started slapping
Anand (deceased) on his face. It is further alleged that thereafter,
accused No.1 - Yogesh picked up a brick lying on the ground and
threw it on Anand, which was dodged by Anand. According to PW-7
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- Bhavesh, Yogesh (original accused No.1) pulled out a knife from his
waist and assaulted Anand with the said knife on his neck, chest and
stomach. Whether or not Section 34 of the Indian Penal Code will
apply or whether Yogesh (original accused No.1) will be solely liable
for his individual act, will be decided when the matter is finally heard.
7. Having regard to the applicant's role and the fact that he
was on bail pending trial and that he has not abused or misused the
liberty granted to him, and the evidence on record qua the applicant,
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 three
months on the day/date specified by the trial Court, till his appeal is
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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.
8. The application is accordingly disposed of.
9. All concerned to act on the authenticated copy of this
order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
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