Ravindra @ Bhim Ramashankar Giri vs The State Of Maharashtra
2022 Latest Caselaw 6868 Bom

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SHAGUFTA Q PATHAN
Q PATHAN Date:                                                           17-IA-2712-2021.doc
         2022.07.21
         11:30:43
         +0530
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                               INTERIM APPLICATION NO. 2712 OF 2021
                                               IN
                                  CRIMINAL APPEAL NO. 267 OF 2022


                  Ravindra @ Bhim Ramashankar Giri                      ...Applicant
                       Versus
                  The State of Maharashtra                              ...Respondent


                  Mr. Prashant D. Patil for the Applicant

                  Mr. V. B. Konde-Deshmukh, A.P.P for the Respondent-State


                                             CORAM : REVATI MOHITE DERE &
                                                     SHARMILA U. DESHMUKH, JJ.

TUESDAY, 19th 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 the appeal.

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                                                                 17-IA-2712-2021.doc




            3          The applicant, along with other co-accused, vide judgment

and order dated 23rd April 2019, passed by learned Additional Sessions

Judge, Sessions Court, Greater Mumbai, in Sessions Case No.

153/2016, has been convicted and sentenced as under:-

- for the offence punishable under Section 302 of the Indian

Penal Code, to suffer imprisonment for life and to pay fine of

Rs.1,000/-, in default of payment of fine, to undergo simple

imprisonment for 1 month;

- for the offence punishable under Section 201 of the Indian

Penal Code, to suffer rigorous imprisonment for 5 years and to

pay fine of Rs.500/-, in default of payment of fine, to undergo

simple imprisonment for 1 month;

Both the sentences were directed to run concurrently.

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            4           Learned counsel for the applicant submits that the

prosecution case rests on circumstantial evidence and that the

prosecution has not proved the circumstances by leading cogent and

legal evidence. He submits that the evidence adduced by the

prosecution is not sufficient to show the complicity of the applicant in

the alleged incident.

5 Learned A.P.P opposes the application.

6 Perused the papers. According to the prosecution, the

deceased was teasing the applicant's wife, as a result of which, the

applicant had informed the deceased's father i.e. PW 1-Anantlal Giri,

to give him an understanding or he would kill his family. On 27 th

October 2015, the deceased Jitendra Giri went missing. On 29 th

October 2015, a missing complaint was lodged by PW 1-Anantlal Giri

with the Pant Nagar Police Station. On 3rd November 2015, a

decomposed body of the deceased-Jitendra Giri was found, pursuant

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to the disclosure statement made by the applicant. It appears that

prior to the said discovery of the dead body on 3 rd November 2015,

the applicant had called his father-Ramshankar Giri (PW 7) and asked

him to come near Rajawadi Garden. PW 7-Ramshankar Giri informed

PW 1-Anantlal Giri about the same and they all went and met the

applicant at Rajawadi Garden. PW 1-Anantlal Giri has, in his

evidence, stated that the applicant disclosed to him that `do not search

for Jitendra Giri, as he has murdered him'; that he had taken Jitendra

to Godrej Soap Bus Stop; that he has thereafter, murdered Jitendra by

giving him a blow with an iron strip on his neck and thereafter, had

dumped his body in a nallah, after putting it in a gunny bag. It is

pertinent to note that the dead body was found subsequently at the

same spot, pursuant to the disclosure statement.

7 Prima facie, the extra judicial confession is corroborated by

the discovery statement of the applicant. There is recovery of an iron

strip at the instance of the applicant. There is also recovery of blood

stained clothes at the instance of the applicant. Prima-facie, the

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evidence on record shows that there was a motive for the applicant to

cause the death of the deceased. The circumstances on record prima

facie point to the complicity of the applicant.

8 Considering the aforesaid, the applicant's application

seeking suspension of applicant's sentence and enlargement on bail is

rejected.

9 Application is disposed of accordingly.

SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.

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