Bombay High Court
Krushnarao @ Ramkrushna Sidram ... vs The State Of Maharashtra on 31 March, 2022
Bench: Prakash Deu Naik
24. IA-1584-2019-in-APEAL-1687-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1584 OF 2019
IN
CRIMINAL APPEAL NO. 1687 OF 2019
Krushnarao @ Ramkrushna Sidram
Suryawanshi ...Applicant/Appellant
Versus
The State Of Maharashtra ...Respondent
....
Ms. Vilasini B. i/by Mr. Jaydeep D. Mane, Advocate for the
Applicant/Appellant
Mr. S. V. Gavand, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 31st MARCH, 2022.
PER COURT:
1. This is an application for suspension of sentence and
grant of bail. The applicant is convicted vide judgment and order
dated 15th November, 2019 for offence punishable under Section
304 (ii) of Indian Penal Code (for short "IPC") and sentenced to
suffer rigorous imprisonment of seven years and to pay fine of
Rs.5000/-.
2. The case of the prosecution is that the field of accused
is adjacent to the field of the deceased. There were disputes
amongst both the sides with regards to the property. There were
Digitally signed
frequent quarrels. On 23rd March, 2015, the labourers of the
by SAJAKALI
SAJAKALI LIYAKAT
JAMADAR
LIYAKAT Date:
JAMADAR 2022.04.01
18:47:20
+0530
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24. IA-1584-2019-in-APEAL-1687-2019.doc
accused were passing through the field of Vilas and therefore he
objected to it. During the course of quarrel between the deceased
and the accused, the stone lying at the place of incident was picked
up by accused and the victim was hit on his head which has
resulted in his death. The applicant has been acquitted for offence
under Section 302 of IPC and convicted for offence under Section
304(ii).
3. Learned counsel for the applicant submitted that the
applicant was on bail during the trial. However, considering the
period of custody during the trial, after the judgment of conviction
the applicant has undergone the sentence of about three years.
There is no adverse report about the misuse of facility of bail
granted to the applicant.
4. Learned APP submitted that nature of injuries suffered
by the victim are required to be considered. The defence of the
accused that there was grave and sudden provocation has been
disbelieved by the trial court.
5. Considering the evidence on record, the fact that the
applicant on was on bail during trial and he has already undergone
sentence of three years, the case for suspension of sentence and
grant of bail is made out.
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24. IA-1584-2019-in-APEAL-1687-2019.doc
6. Hence, I pass the following order:
ORDER
i. Interim Application No. 1584 of 2019 is allowed;
ii. During the pendency of Criminal Appeal No.1687 of
2021, the sentence of imprisonment imposed vide Judgment
and order dated 15th November, 2019 passed by learned Extra
Joint Additional Sessions Judge, Barshi in Sessions Case No.49
of 2015 is suspended and the applicant is directed to be
released on bail on executing P.R. Bond in the sum of
Rs.25,000/- with one or more sureties in the like amount;
iii. The applicant is permitted to furnish cash bail in the
sum of Rs.25,000/- for a period of ten weeks in lieu of surety.
iv. The applicant shall attend the trial Court once in six
months on first Saturday of the month till the final disposal of
the appeal;
v. In the event, there are two consecutive defaults in
attending the trial Court, the said fact may be brought to the
notice of this Court and in such eventuality, the prosecution
will be at liberty to prefer an application for cancellation of
bail.
vi. Interim Application stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
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