Bombay High Court
Pushpa W/O Yuvraj @ Rajkumar ... vs State Of Mah. Thr. Pso Ps Ashti Tah. ... on 4 May, 2022
Bench: V.M. Deshpande, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 325 OF 2022
IN
CRIMINAL APPEAL NO. 265 OF 2022
SAU. PUSHPA W/o YUVRAJ @ RAJKUMAR THAKARE AND ANOTHER
VERSUS
STATE OF MAH., THRU. P.S.O., P.S., ASHTI, DIST. WARDHA.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri Parijat Pande, Advocate for the applicants
Smt. M. A. Barabde, A. P. P. for the non-applicant/State
CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.
DATE : MAY 04, 2022.
1. This is an application for suspension of substantive
jail sentence and for grant of bail.
2. Heard Shri Parijat Pande, learned counsel for the
applicants and Smt. M. A. Barabde, learned Additional
Public Prosecutor for non-applicant/State.
3. The applicants, who are ladies, were convicted by
the learned Additional Sessions Judge, Wardha by the
judgment and order dated 04.04.2022 in Sessions Case
No. 146/2015 for the offence punishable under Section
302 read with Section 34 of the Indian Penal Code. They
were directed to suffer imprisonment for life and to pay a
fine of Rs.20,000/- each.
4. The appeal was admitted by this Court on
27.04.2022. On the said day, the record and proceedings
of the Sessions Case were called and it was directed that
the present application should be placed before the Court
for consideration after receipt of the record and
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proceedings.
5. The record and proceedings are received and those
are placed before this Court by the office today. With the
assistance of the learned counsel for the applicant and
learned Additional Public Prosecutor for the State, we
have gone through the relevant documents and evidence
required for consideration of this application for bail.
6. The deceased in this prosecution case is Eknath
Nagorao Bagde. Ankita Dhanraj Bagde (PW4) lodged her
oral report (Exh.43) on 13.06.2014 with Police Station,
Ashti, Dist. Wardha. In view of the said report, a crime
was registered against both the applicants by the Police
Station Officer, Ashti vide Crime No. 39/2014 for the
offence punishable under Section 302 read with Section
34 of the Indian Penal Code. (Printed first information
report is at Exh.72). As per the report, on the day of the
incident i.e. 13.06.2014, father-in-law of the first
informant Ankita by name Eknathrao (deceased) had been
to the house of one Naik for labour work and the first
informant was preparing lunch. That time, as per the
report, daughter of one Yuvraj Thakre by name Komal
(applicant no.2) came to the first informant's house and
enquired about the deceased. Upon that it was disclosed
to her that he has gone for the work. Thereafter, as per
the first information report, applicant no.2 Komal asked
the first informant that she should send the deceased to
their house. The first information report further states
that at about 9.30 a.m., father-in-law (deceased) of the
first informant came by holding his head. Upon that,
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when an enquiry was made with him by the first
informant, it was disclosed to her by the deceased that
Yuvraj Thakre and his family members assaulted on his
head. Thereafter he fainted and ultimately he died.
7. During the course of the trial, the prosecution has
examined one Dhanraj Bagde (PW1) as an eye-witness.
Though, this witness is declared as hostile, from his
evidence it appears that the deceased was sitting on a Ota
of one Zore and this prosecution witness was showing
some documents to him. At that time, one girl (porgi)
(i.e. applicant no.2) came and she caught hold the hand of
Eknath and asked him to come to her house, to which he
refused. Therefore, the said girl assaulted on him by hand
on his head.
8. On going through the evidence as brought on
record, prima facie, it appears that there was no intention
on the part of the applicants to kill the deceased. The
incident appears to have occurred in a spur of moment.
9. The post mortem report is at Exh.65. Column 17
shows following injury :-
"Contusion present over left mastoid
region, extending towards occipital
region."
No fracture was found by the Autopsy Surgeon when he
opened the head of the deceased.
10. Looking to the nature of the evidence as it is
brought on record and looking to the nature of the injury,
in our view, it is quite possible that at the time of final
hearing of the appeal, the Court may scale down the
offence.
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11. Both the applicants are ladies. The impugned
judgment shows that the applicants were on bail during
the course of trial and it is not the prosecution case that at
any point of time, they have misused the liberty granted to
them. In that view of the matter, we pass the following
order :
ORDER
1. The application is allowed.
2. The judgment and order of conviction passed by the
learned Additional Sessions Judge, Wardha, dated
04.04.2022 in Sessions Case No. 146/2015 for the offence
punishable under Section 302 read with Section 34 of the
Indian Penal Code, shall remain suspended during
pendency of the appeal.
3. Applicants - (1) Sau. Pushpa W/o Yuvraj @
Rajkumar Thakare ; and (2) Komal D/o Yuvraj @
Rajkumar Thakare, be released on bail on they executing
PR bond of Rs.5,000/- each with one solvent surety of the
like amount.
4. Certified copy of the judgment shows that total fine
amount of Rs.40,000/- is already paid by the accused
persons.
5. The applicants are directed to remain personally
present before this Court at the time of final hearing of the
appeal.
6. The application is disposed of.
Digitally signed byPARAG JUDGE JUDGE
PRABHAKARRAO DIWALE
Diwale
Signing Date:04.05.2022
17:00
