Bombay High Court
Tushar Bapurao Gaikwad vs The State Of Maharashtra And Ors on 23 June, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.06.24
CHITNIS 16:14:46 +0530
17-ia.890.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.890 OF 2019
IN
CRIMINAL APPEAL NO.1449 OF 2019
Tushar Bapurao Gaikwad ...Applicant
Versus
The State of Maharashtra and Ors. ...Respondents
Mr. Shriraj Ramesh Wakale, i/b Mr. Ganesh N. Kumkar, for the
Applicant.
Ms. P. P. Shinde, A.P.P for the Respondent No.1- State.
Mr. S. R. Phanse, Appointed Advocate for the Respondent Nos.2 to 7.
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
DATE : 23rd JUNE 2022
P.C. :
1. Heard 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 the aforesaid appeal.
N. S. Chitnis 1/4
17-ia.890.2019.doc
3. The applicant vide judgment and order dated 7th
September 2019 passed by learned Additional Sessions Judge, Solapur,
in Sessions Case No.220 of 2017, has been convicted for the offence
punishable under Section 302 of the Indian Penal Code and is
sentenced to suffer rigorous imprisonment for life and to pay fine of
Rs.50,000/- in default, to undergo further rigorous imprisonment for
two years. Out of the fine amount, Rs.20,000/- was directed to be
given to the parents and Rs.20,000/- was directed to be given to the
wife and children of the deceased, as compensation under Section
357(1) of the Code of Criminal Procedure.
4. Perused the papers. The only evidence as against the
applicant is a disclosure made by the deceased - Danial to his wife -
Mangal Kharat, when she called him on his phone, that the applicant
was present with him, at Nanded. The dead body of the deceased
was found at Mohol, Solapur. According to the prosecution, the CDR
shows that the deceased and the applicant were together at Nanded, at
the relevant time, when the wife of the deceased called him. Apart
N. S. Chitnis 2/4
17-ia.890.2019.doc
from the said material, there is no other material to connect the
applicant with the alleged offence for which he is convicted. The
applicant is in custody since 4 th May 2017. The appeal has been
admitted by this Court vide order dated 13 th January 2020 and the
same is not likely to come up for hearing in the immediate near future.
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 the aforesaid appeal, on the
following terms and conditions :-
ORDER
i) The applicant be released on bail on furnishing P.R.Bond in the
sum of Rs.10,000/- with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in six months
on the day/date specified by the trial Court, till his appeal is finally
disposed of;
N. S. Chitnis 3/4
17-ia.890.2019.doc
iii) The applicant shall keep the trial Court informed of 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.
6. The application is disposed of on the aforesaid terms.
7. All concerned to act on the authenticated copy of this
order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
N. S. Chitnis 4/4
