Bashir Harun Ansari vs The State Of Maharashtra
2022 Latest Caselaw 7100 Bom

                        rsk                                1                  30-IA-1301-21.doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO.1301 OF 2021
                                                 IN
                                   CRIMINAL APPEAL NO.213 OF 2020

                        Bashir Harun Ansari                          ..... Applicant
                              Vs.
                        The State of Maharashtra                      ..... Respondent

                        Mr. Chetan S. Damre for the Applicant.
                        Mrs. P. P. Shinde, APP for Respondent.

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

                                            DATE      : 25th JULY 2022.


                        P. C.

                                     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 aforesaid appeal.



                        3.           The applicant vide Judgment and Order dated 30 th

                        September 2019, passed by learned Additional Sessions Judge,
           Digitally
           signed by
           RAJESHWARI
RAJESHWARI SUBODH
SUBODH     KARVE
                        Niphad in Sessions Case No. 56 of 2017, has been convicted and
KARVE      Date:
           2022.07.28
           18:40:02
           +0530
                        sentenced as under:-
 rsk                                 2                      30-IA-1301-21.doc


      -     For the offence punishable under section 302

      read with 34 of IPC to suffer rigorous imprisonment

      for life and to pay fine of Rs.10,000/- in default of

      payment     of   fine,   to       suffer   further   rigorous

      imprisonment for a period of one year.

      -     For the offence punishable under section 120-B

      of IPC to suffer rigorous imprisonment for life and to

      pay fine of Rs.10,000/-, in default of payment of fine,

      to suffer further rigorous imprisonment for a period of

      one year.



      -            For the offence punishable under section

      404 read with 34 of IPC to suffer rigorous

      imprisonment for one year and to pay fine of

      Rs.5,000/-, in    default, to suffer further rigorous

      imprisonment for a period of two months.



            All the sentences were directed to run

      concurrently.
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4.           Perused the papers with the assistance of the learned

counsel for the applicants and the learned APP. The prosecution

case rests entirely on circumstantial evidence. The circumstances

being, evidence of last seen and recovery of Rs.10,000/- at the

instance of the applicant. As far as last seen evidence is concerned,

the prosecution has examined three witnesses in support thereof,

i.e.   PW-2-Ramchandra        Damodar      Deore,     PW-3-Shabbir

Dawoodkhan Multani and PW-4-Santosh Shankar Mali. As far as

PW-3-Shabbir is concerned the said witness has turned hostile. As

far as PW-4-Santosh is concerned, the applicant was not known to

the said witness and no TIP was conducted. As far as PW-2-

Ramchandra is concerned, a perusal of his evidence shows that on

27/4/2017 at about 3.00 p.m. he saw Kalim and deceased together,

proceeding on the Luna of Lalkha towards Vaijapur. He has further

stated that he had also seen Bashir (Applicant) and Farukh on their

motor cycle and that they were also going towards Vaijapur. This

evidence of last seen, prima facie appears to be shaky. The other

evidence, is stated to be recovery of        Rs.10,000/- from the

applicant. That by itself is not sufficient to connect the applicant

with the alleged offence. The applicant while on bail pending trial
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has not abused or misused the liberty granted to him.



5.          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.25,000/- 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 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 rsk 5 30-IA-1301-21.doc

seeking cancellation of bail.

7. The Application is allowed in the aforesaid terms and

is accordingly disposed of.

8. All concerned to act on the authenticated copy of this

order.

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