Vikas Rakhmaji Dhende And Anr vs The State Of Maharashtra And Anr
2022 Latest Caselaw 11908 Bom

Osk                                                          18-Appa-274-2019.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

             CRIMINAL APPLICATION (APPA) NO. 274 OF 2019
                                IN
                  CRIMINAL APPEAL NO. 295 OF 2019

1. Vikas Rakhmaji Dhende &
2. Santosh Kundalik Dhende                  ... Applicants/Appellants
            V/s.
1. The State of Maharashtra &
2. Pramod Husain Dhende                     ... Respondents


Ms.Vrushali L. Maindad for Applicants/Appellant.
Ms.S.D. Shinde, A.P.P. for Respondent-State.


                                     CORAM : A. S. GADKARI AND
                                             PRAKASH D. NAIK, JJ.

                                     DATE      : 21st November 2022.

P.C. :

1. This is an application for suspension of sentence and releasing the

Applicants on bail.

2. Heard Ms.Maindad, learned Advocate for Applicants and

Ms.Shinde, learned A.P.P. for Respondent-State. Perused record.

3. Applicants are Original Applicant Nos.1 and 3.

It is the prosecution case that, due to the disputes and quarrels

over the landed property between Applicants on one side and deceased and

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his relatives on the other side, on 20 th February 2016, at about 7.00 pm, when

the informant - Pramod (PW-1) and Ashok (deceased) were proceeding on a

motorcycle, the accused persons accosted them and asked them, as to whether

the deceased was prepared to give their share in 22 acres of land. PW-1 and

deceased expressed their dissatisfaction as to the complaint case made by

Mr.Husain and they started assaulting deceased and PW-1. That, the

Applicants, i.e. Accused Nos.1 & 3, assaulted Ashok (deceased) with fist and

kick blows, however Accused No.2 Deepak and Accused No.4 Balaji assaulted

PW-1 and Ashok (deceased) with stones. In the said attack Ashok (deceased)

sustained serious injuries and collapsed on the ground. The informant-Pramod

(PW-1) sustained injuries on nostrils and lips. When Pramod (PW-1) started

shouting for help, all the accused persons fled from the scene of offence on

their motorcycle.

4. Perusal of evidence of Pramod (PW-1) reveals that, the

Applicants/Appellants assaulted deceased with fist and kick blows, however

the other two accused persons assaulted with stones. Evidence of Dr.Tushar V.

Gaikwad (PW-6) indicates that, the deceased suffered following three injuries.

(a) CLW-8 x 1 cm - bone deep on left parietal region scalp.

(b) Fracture on mandible at left antero - lateral aspect.

(c) Contusion with abrasion - 3 x 3 cm - on left side of chin.

PW-6 has opined that Ashok had died due to cardio-respiratory

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arrest due to shock due to head injury. That the head injury might have been

sustained due to the stone shown to him.

5. Record further indicates that, the Applicants were on bail during

the pendency of the trial and on the date of pronouncement of the impugned

Judgment and Order dated 30th January 2019, they have been taken into

custody. Learned Advocate for Applicants submitted that, there are no

antecedents at the discredit of the Applicants.

6. In view of the above, during the pendency of the present Appeal,

the substantive sentence imposed upon the Applicants can be suspended and

they can be released on bail.

Hence the following Order :

(i) During the pendency of the present Appeal, the substantive sentence imposed upon the Applicants is suspended.

(ii) During the pendency of the Appeal, the Applicants be released on bail on their furnishing PR bond in the sum of Rs.25,000/- each with one or two separate solvent sureties in the like amount.

(iii) After their release from Jail and during the pendency of the present Appeal, the Applicants shall attend Karmala Police Station, District Solapur on every first Monday of the month between 10:00 am and 12:00 noon initially for a period of one year.

After end of one year, the Applicants shall attend Karmala Police Station, District Solapur on every first Monday of the every 3rd Month between 10:00 am and 12:00 noon. The Applicants

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thus shall attend Karmala Police Station four times in a year during the pendency of the present Appeal.

(iv) Applicants shall not contact informant or other material witnesses, when on bail, in the present Appeal.

7. Application is allowed in the aforesaid terms.

                              [ PRAKASH D. NAIK, J. ]                      [ A.S. GADKARI, J. ]




           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2022.11.23
           10:11:10 +0530