Bombay High Court
Vinod Baba Sakpal vs The State Of Maharashtra on 18 October, 2022
Bench: A.S. Gadkari, Milind N. Jadhav
28a. cri ia 2321-21.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2321 OF 2021
IN
CRIMINAL APPEAL NO. 786 OF 2021
Vinod Baba Sakpal .. Applicant
Vs.
The State of Maharashtra .. Respondent
Mr. Siddharth Mehta a/w Mr. Omkar R. Chitale i/by Mr. Harshad
Sathe for Applicant
Ms. J.S. Lohakare, APP for State
CORAM : A.S. GADKARI &
MILIND N. JADHAV, JJ.
DATE : 18th October, 2022.
P.C.:
. This is an Application for suspension of sentence and
releasing the Applicant on bail.
2. Applicant / Appellant has been convicted under Section 302
of IPC by the learned Additional Sessions Judge, Ratnagiri in Sessions
Case No. 29 of 2020 and sentenced to suffer rigorous imprisonment
for life.
3. Heard Mr. Siddharth Mehta, learned Advocate for Applicant
and Ms. J.S. Lohakare, learned APP for State. Perused record.
4. Deceased Jagannath Babu Chavan was the uncle of
Applicant. The date and time of the incident is 02.07.2017 between
9:15 to 9:30 a.m.
It is the prosecution case that, Applicant was addicted to
liquor and was doing nothing. That, the deceased - his uncle had
28a. cri ia 2321-21.doc
been to the place of Applicant for residing prior to 10-12 days of the
date of incident.
5. That, on 02.07.2017, one Mr. Onkar Chavan i.e. the cousin
nephew of PW-1 informed him that, somebody from Village
Kalkavane had phoned and gave information that, the deceased was
lying outside the house. People from the village gathered at the scene
of offence. That, there was marks of assault and beating on chest and
neck of deceased and blood was oozing from the said wounds.
Applicant was arrested on 02.07.2017 itself. Blood stained shirt of
Applicant was seized by the prosecuting agency. After receipt of
chemical analysis report, chargesheet was submitted. As noted earlier,
trial Court by its impugned Judgment and Order, has convicted and
sentenced Applicant.
6. Prosecution has propounded three major circumstances
against Applicant i.e.
(i) Last seen theory;
(ii) Finding of blood stains of human origin on the shirt of
Applicant at the time of his arrest on 02.07.2017 in the
night and
(iii) The stick allegedly used by Applicant was having blood
stains on it.
7. At the outset, it is to be noted here that, the deceased was
residing with Applicant in the house of Applicant and therefore
28a. cri ia 2321-21.doc
deceased was seen in the company of Applicant prior to commission of
offence is not an unusual circumstance.
8. As far as finding of blood stains on the shirt of Applicant at
the time of arrest is concerned, PW-5 Atmaram Jadhav, a rickshaw
driver in his testimony has deposed that, on 02.07.2017 at about
09:00 a.m., Applicant approached him and told him that, his uncle
had a fall and he had to take his uncle to Kajwad. PW-5 noticed that,
Applicant was under the influence of alcohol and his clothes were
soiled and therefore, he refused the request of Applicant.
PW-5 is the witness who at a very first instance had an
opportunity to see Applicant immediately after 9:00 a.m. on
02.07.2017. However, he did not notice blood stains on the clothes of
Applicant. Therefore, the circumstance of findining of blood stains on
the shirt of Applicant at the time of his arrest prima facie creates doubt
in the mind of this Court.
9. As far as the stick allegedly used by Applicant while
assaulting the deceased is concerned, as per the evidence of panch
witness, the same was found lying at the scene of offence itself and
therefore, the said circumstance prima facie is of no avail for pointing
out the guilt of Applicant towards commission of murder of Jagannath
Babu Chavan.
10. In view of the above, during pendency of the present Appeal,
the substantive sentence imposed upon Applicant can be suspended
28a. cri ia 2321-21.doc
and he can be released on bail.
11. Hence, the following Order:-
(i) Applicant be released on bail in Sessions Case No. 29 of
2020 arising out of C.R. NO. 34/2017 registered with
Alore-Shirgaon Police Station, District Ratnagiri on
furnishing P.R. Bond in the sum of Rs. 25,000/- with
one or two local sureties in the like amount;
(ii) After his release from jail and during pendency of
Appeal, Applicant shall attend Alore-Shirgaon Police
Station, District Ratnagiri on every first Monday of the
month between 10:00 a.m. to 12:00 noon initially for a
period of one year and thereafter on every first Monday
of every third calendar month i.e. four times in a year.
(iii) Applicant shall keep the I.O. informed of his current
address and mobile contact number and / or change of
residence or mobile details, if any, from time to time;
(iv) In case of any two consecutive defaults in compliance
with the conditions as stated above, Respondent will be
at liberty to file application seeking cancellation of bail
of Applicant.
12. Application is allowed in the above terms.
[ MILIND N. JADHAV, J. ] [ A.S. GADKARI, J.]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN
AMBERKAR
AMBERKAR
Date:
2022.10.20
19:39:12 +0530
