Govind Tolaram Rathod And Ors vs State Of Maharashtra
2022 Latest Caselaw 12152 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 3912 of 2022
                                                    IN
                                      CRIMINAL APPEAL NO. 1145 of 2022

                     1. Govind Tolaram Rathod
                     2. Sham @ Shamrao Shankar Chavan
                     3. Sachin Shamrao Chavan
                     4. Sagar Shamrao Chavan                              ..Applicants
                           Versus
                     The State of Maharashtra                             ..Respondent

                                                 __________
                     Mr. Viresh V. Purwant for Applicants.
                     Smt. M. R. Tidke, APP for State/Respondent.
                                                 __________

                                              CORAM : SARANG V. KOTWAL, J.
                                              DATE : 25th NOVEMBER 2022
                     PC :

                     1.           The Applicants are seeking their release on bail during

                     pendency and final disposal of Criminal Appeal No.1145 of 2022

                     which they have filed against the Judgment and order dated

                     12/10/2022 passed by learned Additional Sessions Judge, Solapur

                     in Sessions Case No.346 of 2016. At the conclusion of the trial, the

                     Applicants were convicted for commission of offence punishable

                     under section 307 r/w. 34 of the I.P.C. and were sentenced to
        Digitally
        signed by

                     suffer R.I. for 3 years and to pay a fine of Rs.1000/- and in default
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2022.11.28
        10:51:50
        +0530
                      Gokhale
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of payment of fine to suffer S.I. for one month. They are acquitted

from the Charges of commission of offence punishable under

sections 504 and 506 r/w. 34 of the I.P.C. There were two more

accused i.e. accused Nos.5 and 6 who were acquitted of all the

Charges.


2.         Learned counsel for the Applicants submitted that the

Doctor who had issued the Medico Legal Certificate i.e.

Dr. Mujawar is not examined by the prosecution. The Medico Legal

Certificate issued by him does not corroborate the evidence of

PW-5 Dr. Dantkale. There is major discrepancy in the medical

evidence. He further submitted that the offence U/s.307 of the

I.P.C. is not made out.


3.         Learned APP submitted that the accused had tried to

strangulate PW-2 the victim and there was a strangulation mark

mentioned in the Medico Legal Certificate. However, the State has

not preferred any application for enhancement of sentence. The

sentence is of three years and the Appeal is not likely to be decided

within that period. The issues raised by Shri. Purwant will have to
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be decided at the final hearing stage of the appeal; which is

already admitted. The applicants were on bail during pendency of

the trial and subsequent to their conviction they were granted bail

by the trial Court U/s.389 of the Cr.p.c. There are no allegations

that the applicants have misused that liberty. Considering all these

aspects, the applicants can be released on bail pending their

appeal.


4.        Hence, the order:


                                       ORDER

i) During pendency and final disposal of Criminal

Appeal No. 1145 of 2022 the applicants are

directed to be released on their executing P. R.

Bond in the sum of Rs.30000/- each with one or

two sureties each in the like amount.

ii) The application is disposed of.

(SARANG V. KOTWAL, J.)