Bombay High Court
Vasant Khandu Bhamare vs State Of Maharashtra on 29 November, 2022
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3971 OF 2022
IN
CRIMINAL APPEAL NO. 1155 OF 2022
Vasant Khandu Bhamare ..Appellant
Versus
The State of Maharashtra ..Respondent
__________
Mr. Kishore Patil i/b. Mr. Amol Mhatre for Appellant.
Mr. S.R. Agarkar, APP for State/Respondent.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 29th NOVEMBER 2022
PC :
1. The applicant is praying for his release on bail pending
final disposal of his Criminal Appeal No.1155 of 2022. The
Applicant was convicted and sentenced by learned Additional
Sessions Judge, Malegaon vide his Judgment and order dated
04/11/2022. He was convicted for commission of offence
punishable under section 353 r/w. 34 of I.P.C. and was sentenced
to suffer R.I. for one year and to pay a fine of Rs.10000/- and in
default of payment of fine to suffer S.I. for 1 month. He was also
convicted for commission of offence punishable U/s.332 r/w. 34 of
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2022.11.30
15:08:01 Gokhale
+0530
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the I.P.C. and was sentenced to suffer R.I. for two years and to pay
a fine of Rs.10000/- and in default of payment of fine to suffer S.I.
for three months.
2. The prosecution case is that the first informant Devkate
was Talathi of village Lakhampur. The incident took place in the
night of 23/06/2017 when on prior information he along with his
staff intercepted two tractors. They were carrying sand
unauthorisedly. Those tractors were intercepted. The drivers called
somebody. Then the applicant and others came there. The
applicant claimed that, he was office bearer of Panchayat Samiti. It
is alleged that, he along with others assaulted PW-2 and his driver.
They also took out his cash amount and wrist watch. On this basis
the F.I.R. was lodged.
3. Learned counsel for the applicant submitted that, there
is serious dispute about the medical certificates. There is over-
writing on the medical certificates. The prosecution has not led
proper evidence as to on which exact date the injured were
examined. The prosecution case is false. The applicant is
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implicated because of local politics and because applicant was
making complaints against the Tahsildar. He submitted that, the
applicant was on bail during trial and there are no offences
pending against him. He submitted that, after his conviction also
the trial Court has released him on bail U/s.389 of the Cr.p.c. He
further submitted that the sentence is short and, therefore, prayed
for his release on bail pending his Appeal.
4. Learned APP opposed this application on merits. He
invited my attention to the medical certificates annexed to the
Appeal memo which shows that PW-2 and his driver had suffered
injuries at the hands of accused.
5. All these issues will have to be decided at the final
hearing stage. However, the sentence is short and the Appeal is
not likely to be decided during that period. Therefore, the
Applicant deserves to be released on bail pending his Appeal.
6. Hence, the order:
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ORDER
i) During pendency and final disposal of Criminal
Appeal No.1155 of 2022, the Applicant is directed
to be released on bail on his executing P. R. Bond
in the sum of Rs.30000/- with one or two sureties
in the like amount.
ii) The applicant shall attend the concerned police
station once in a month for a period of Nine
months from today.
iii)The application is disposed of.
(SARANG V. KOTWAL, J.)
