Bombay High Court
Kailas Kisan Shedge vs The State Of Maharashtra on 23 June, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2022.06.24
CHITNIS 15:33:00 +0530
10-ia.1234.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1234 OF 2021
IN
CRIMINAL APPEAL NO.20 OF 2021
Kailas Kisan Shedge ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Aniket U. Nikam, for the Applicant.
Mr. A. R. Kapadnis, A.P.P for the Respondent - State.
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.
3. The applicant vide judgment and order dated 9th March
2020 passed by learned Additional Sessions Judge-8, Pune, in Sessions
N. S. Chitnis 1/4
10-ia.1234.2021.doc
Case No.550 of 2011, has been convicted for the offence punishable
under Section 302 of the Indian Penal Code and is sentenced to
undergo imprisonment for life and to pay fine of Rs.5,000/- in
default, to suffer further rigorous imprisonment for two months.
4. Learned counsel for the applicant submits that there is no
evidence on record, direct or circumstancial, which points to the
complicity of the applicant.
5. Perused the papers. The prosecution case rests essentially
on PW6 i.e. Vinayak Ashok Ghosh, son of deceased - Sunita. A
perusal of the evidence of PW6 shows that he has supported the
prosecution case, in the examination-in-chief, however, in the cross-
examination, in particular in paragraphs 6, 7 and 11, he has stated to
the contrary. There is no re-examination by the prosecution with
respect to what was stated by the said witness in his cross-examination.
Apart from the said evidence, prima facie, there is no other evidence
that has come on record pointing to the complicity of the applicant.
N. S. Chitnis 2/4
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The applicant is in custody since 14 th March 2011 i.e. for about 11
years. The appeal of the applicant has been admitted by this Court
vide order dated 21st October 2021.
6. 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.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 current
address and mobile contact number and/or change of residence or
N. S. Chitnis 3/4
10-ia.1234.2021.doc
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.
7. The application is disposed of on the aforesaid terms.
8. All concerned to act on the authenticated copy of this
order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
N. S. Chitnis 4/4
