Bombay High Court
Roshan Natha Ingole vs The State Of Maharashtra on 28 November, 2022
Bench: R. G. Avachat, R. M. Joshi
APPLN-3721-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3721 OF 2022
IN
CRIMINAL APPEAL NO. 846 OF 2022
Roshan Natha Ingole ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT
....
Mr. S.J. Salunke, Advocate for applicant
Mr. R.V. Dasalkar, A.P.P. for respondent - State
....
CORAM : R.G. AVACHAT AND
R.M. JOSHI, JJ
DATE : 28th NOVEMBER, 2022
PER COURT :
1. This is an application for suspension of substantive sentence of
imprisonment passed by the learned Sessions Judge, Parbhani vide judgment
and order dated 22nd September, 2022 in Session Case No. 1 of 2021. The
applicant has been convicted for the offences punishable under Section 302
read with Section 34 of the Indian Penal Code (I.P.C.). The applicant is
sentenced to suffer imprisonment for life and to pay fine of Rs.2,500/- with
default stipulation.
2. Heard.
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3. The applicant and his associate (co-convict) were alleged to have
murdered their friend - Nitin at 06:30 p.m. on 24th September, 2020. Both of
them slit throat of the deceased with cutters. The case was based on
circumstantial evidence. The circumstances relied on are in the nature of -
(i) last seen together;
(ii) disclosure statement made by the co-convict and;
(iii) recovery of blood stained clothes of the applicant pursuant
to the disclosure statement made by him.
4. It was the prosecution case that the deceased, the applicant, co-
convict and their three friends were together. All of them consumed liquor.
The three friends viz. P.W.2 - Suryakant, P.W.3 - Vijay and P.W.8 - Vishal
left for their respective residence. P.W.2 and 3 did not stand by the
prosecution. P.W.8 testified that he was in the company of all the remaining
three. They consumed liquor together. It is, however in his evidence that
police had detained him for about twenty-five days. His statement under
Section 161 of the Code of Criminal Procedure was recorded six days after
the incident. The question in the appeal is, therefore, whether testimony of
this witness is reliable one.
5. Pursuant to the disclosure statement made by the applicant, a
jeans pant on his person, at the time of commission of the crime, came to be
seized. Blood stains on the said jeans pant are found to be that of the blood
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group of the deceased. Whether the disclosure statement made by the co-
convict, naming the applicant to have participated in committing murder of
the deceased, would be admissible in evidence in view of the disclosure
statement made by the applicant, pursuant to which a blood stained jeans
pant came to be seized, is again a question of appreciation in the present
appeal. Admittedly, the applicant was on bail pending trial. It will take not
less than 7-8 years for the appeal to have it's turn for final hearing.
6. On perusal of the impugned judgment and relevant evidence on
record and the facts referred to hereinabove, we find it to be a fit case to
allow the application. Hence, the following order :-
ORDER
(i) Criminal application is allowed in terms of prayer
clauses [B] and [C].
(ii) Pending the appeal, the substantive sentence of
imprisonment imposed by the trial Court is suspended. The
applicant be released on bail on his executing P.R. bond in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in
the like amount.
(iii) Bail before the trial Court.
( R.M. JOSHI, J. ) ( R.G. AVACHAT, J. )
SSD
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