Sikandar Ashok Shinde And Anr vs The State Of Maharashtra
2022 Latest Caselaw 7075 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                           CRIMINAL APPELLATE JURISDICTION

                         CRIMINAL APPLICATION NO.982 OF 2019
                                             IN
                             CRIMINAL APPEAL NO.865 OF 2019


1. Sikandar Ashok Shinde &                   ]
2. Rani Sikandar Shinde                      ]     .....Applicants/ Appellants

          Vs.

The State Of Maharashtra                     ]     .....Respondent



Ms.Vilasini Balasubramanian i/by. Mr.Jaydeep Mane for the Applicants
/Appellants.
Mr. H. J. Dedhia, APP for the Respondent-State.


                                        CORAM : A. S. GADKARI AND
                                                  RAJESH S. PATIL, JJ.

DATE : 22nd JULY, 2022.

P.C.:-

. This is an Application for suspension of sentence and releasing

Applicants on bail.

2. Applicants have been convicted for the offence punishable

under Sections 302 read with 34 of The Indian Penal Code (for short,

"I.P.C.") and are sentenced to suffer life imprisonment and to pay fine of

Rs.500/- each, in default of payment of fine to further undergo rigorous

imprisonment for three months, by the learned Additional Sessions Judge,

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Solapur, in Sessions Case No.285 of 2018 by its Judgment and Order dated

17th May, 2019.

3. Perusal of evidence of Vasant Shinde (PW-1), brother and Smt.

Seemabai Ashok Shinde (PW-3), wife of deceased Ashok Shinde indicates

that, on the date of incident, initially a quarrel took place on account of

Applicant No.2 intending to withdraw the case filed by her under the

provision of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)

Act, 1989 and under Section 376 of I.P.C. against some persons in the

village, to which deceased Ashok Shinde objected by saying that, it was the

prestige issue and the Applicant No.2 should not withdraw the cases. At

that time, Applicant No.1 questioned his father Ashok Shinde (deceased) as

to why he always interposes in their affairs. Deceased Ashok Shinde was

therefore preparing to assault on Applicant No.2. Applicant No.1 therefore

assaulted Ashok Shinde (deceased) on his head with a wooden club which

was lying thereof. Applicant No.2 also picked up a brick lying thereof and

hit on the head of Ashok Shinde (deceased). Ashok Shinde (deceased)

collapsed in a pool of blood.

The testimony of the said two eye-witnesses prima facie

indicates that, the offence alleged against the Applicants may fall within the

purview of Section 304(II) and may not be punishable under Section 302 of

I.P.C..

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4. Record indicates that, Applicant No.1 has undergone four years

of incarceration, whereas Applicant No.2 was on bail during the pendency

of trial and there is no report of breach of any condition imposed on her.

5. In view of the above, during the pendency of present Appeal,

substantive sentence imposed upon the Applicants can be suspended and

they can be released on bail.

6. Hence, the following Order :-

(i) Applicants/Accused be released on bail in Sessions

Case No.285 of 2018 on their furnishing P.R. bond

of Rs.25,000/- each, with one or two separate

local sureties in the like amount.

(ii) After their release from jail and till final disposal

of present Appeal, Applicants are directed to

attend Mohol Police Station, District Solapur on

every first Monday of the month initially for a

period of 1 year and thereafter on every first

Monday of every 3rd month, i.e. 4 times in a year.

7. Application is allowed in the aforesaid terms.

(RAJESH S. PATIL, J.)                                    (A.S. GADKARI, J.)