Bandya @ Narasgonda Adgonda ... vs The State Of Maharashtra
2022 Latest Caselaw 5718 Bom

                                                                            7-IA-1781-2022.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO.1781 OF 2022
                                                     IN
                                       CRIMINAL APPEAL NO. 249 OF 2021

                     BANDYA NARASGONDA ADGONDA                         )
                     CHINCHWADE                                        )...APPLICANT

                              V/s.

                     THE STATE OF MAHARASHTRA                          )...RESPONDENT

                     Mr.Hrishikesh Mundargi i/by. Ms.Pravada Raut, Advocate for the
                     Applicant.
                     Mr. V. B. Konde Deshmukh, APP for the Respondent - State.

                                         CORAM       :     REVATI MOHITE DERE &
                                                           V. G. BISHT, JJ.

                                         DATE        :     22nd JUNE 2022

                     P.C. :


                     1        Heard the learned counsel for the parties.



                     2        By this interim application, the applicant seeks suspension of

                     his sentence and enlargement on bail, pending the hearing and

                     final disposal of his aforesaid appeal.


        Digitally
        signed by
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        ARTI
ARTI    VILAS
VILAS   KHATATE
KHATATE Date:
        2022.06.23
        19:04:11
        +0530
                                                   7-IA-1781-2022.doc


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

and order dated 25th January 2021 passed by learned Sessions

Judge, Sangli, in Sessions Case No.64 of 2016, has been convicted

and sentenced as under :

      -   for the offence punishable under Section 302 r/w.

          Section 120B of Indian Penal Code, 1860, to suffer

          rigorous imprisonment for life and to pay fine of Rupees

          25,000/- each, in default of payment of fine, to suffer

          rigorous imprisonment for two years each.



      -   for the offence punishable under Section 120B of the

          Indian   Penal   Code,   1860,    to   suffer    rigorous

          imprisonment for life and to pay fine of Rupees 5000/-

          each, in default of payment of fine, to suffer rigorous

          imprisonment for six months.



4     Learned counsel for the applicant seeks bail on the ground

of parity. He submits that identically placed co-accused i.e.

Hanmant Ananda Kamble and Moula Abdul Mulla sentences have



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been suspended and the said co-accused have been enlarged on

bail vide order dated 21st October 2021 and 7th June 2022

respectively.



5     Learned APP does not dispute the fact, that the role of the

applicant is identical to that of the said co-accused i.e. Hanmant

Ananda Kamble and Moula Abdul Mulla.



6     We have perused the orders dated 21st October 2021 and 7th

June 2022 passed by this Court by which co-accused Hanmant

Ananda Kamble and Moula Abdul Mulla's sentences were

suspended and they were enlarged on bail. A perusal of the said

orders would show that this Court, after considering the evidence

of PW4-Nitin More, PW8-Dhananjay Chavan and PW9-Omkar

Jadhav have suspended their sentences and granted bail to the

said accused. As far as PW9-Omkar Jadhav is concerned, the said

witness had turned hostile. As far as PW4-Nitin More and PW8-

Dhananjay Chavan are concerned, both the said witnesses have

not named the applicant, as having last seen the applicant in the

company of the deceased.

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7      As far as the applicant is concerned, there is no recovery of

either blood stained clothes or blood stained weapon at his

instance.



8      This being the only material qua the applicant, the applicant

is also entitled for suspension of his sentence and enlargement on

bail. Accordingly, the application is allowed and the sentence of

the applicant is suspended and he is enlarged on bail, pending the

hearing and final disposal of the aforesaid 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 solvent surety 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;

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                                                       7-IA-1781-2022.doc

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.

9 The application is allowed in the aforesaid terms and is

accordingly disposed of.

10 All concerned to act on the authenticated copy of this order.

       (V. G. BISHT, J.)             (REVATI MOHITE DERE, J.)




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