Bombay High Court
Arjun Ananda Pawar vs The State Of Maharashtra on 16 June, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
Digitally
signed by
SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date: 7-IA-572-2022.doc
2022.06.17
17:55:37
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 572 OF 2022
IN
CRIMINAL APPEAL NO. 104 OF 2022
Arjun Ananda Pawar ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Akshay Bankapur for the Applicant
Mr. S. S. Pednekar, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
THURSDAY, 16th JUNE 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 aforesaid appeal.
SQ Pathan 1/5
7-IA-572-2022.doc
3 The applicant vide judgment and order dated 25th November
2021 passed by learned Sessions Judge, Nashik, in Sessions Case No.
28/2017, has been convicted for the offence punishable under Section 302
of the Indian Penal Code and is sentenced to suffer imprisonment for life
and to pay fine of Rs.1,000/- in default, to suffer simple rigorous
imprisonment for three months. In addition, the applicant has been
convicted for the offence punishable under Section 201 of the Indian Penal
Code and is sentenced to suffer rigorous imprisonment for three years and
to pay fine of Rs.500/-, in default, to suffer simple imprisonment for one
month. Both the aforesaid sentences were directed to run concurrently.
4 Perused the papers. The prosecution case rests entirely on
circumstantial evidence, the circumstances being motive, last seen together
and recovery of a wooden log at the instance of the applicant.
5 As far as the evidence of motive is concerned, the prosecution
has examined PW 1 - Mahadu Amruta Udar (father of the deceased) and
PW 4 - Asha Arjun Pawar (daughter of the deceased). According to the
SQ Pathan 2/5
7-IA-572-2022.doc
said witnesses, the applicant would assault his wife (deceased) as he was
suspecting her character. As far as the evidence of last seen together is
concerned, the same is deposed to by PW 4 (daughter of the appellant and
the deceased). A perusal of the evidence of PW 4 shows that she saw the
applicant and her mother i.e. deceased leaving the house in the morning;
after which, only her father returned in the evening, without the mother.
The dead body of the deceased was found on 8th May 2017, after 3 days.
6 As far as recovery is concerned, the wooden log is alleged to
have been recovered at the instance of the applicant. The said wooden log
is not blood stained. It is not in dispute that the applicant was on bail
pending trial. There is nothing to show that the applicant, whilst on bail,
has abused or misused the liberty granted to him. The appeal of the
applicant was admitted by this Curt vide order dated 3 rd March 2022. The
said appeal is not likely to be heard in the immediate near future.
7 Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
SQ Pathan 3/5
7-IA-572-2022.doc
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
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.
SQ Pathan 4/5
7-IA-572-2022.doc
8 The Application is accordingly disposed of.
9 All concerned to act on the authenticated copy of this order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
SQ Pathan 5/5
