Bombay High Court
Vikas Dashrath Jadhav vs State Of Maharashtra on 21 April, 2023
Bench: Bharati Dangre
2023:BHC-AS:12339
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1478 OF 2023
IN
CRIMINAL APPEAL NO.465 OF 2023
Vikas Dashrath Jadhav .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mr.Vaibhav R. Gargade for the Applicant.
Mr.Y.M.Nakhawa, A.P.P. for the State.
...
CORAM: BHARATI DANGRE, J.
DATED : 21st APRIL, 2023
P.C:-
1. Heard the learned counsel for the Applicant and the
learned A.P.P. for the State.
The Applicant seek suspension of sentence and pray for
his release on bail, on being convicted in Sessions Case No.73
of 2018, for committing an offence under Section 307 read
with Section 34 of IPC. He has been sentenced to suffer R.I. for
seven years and to pay fne of Rs.5,000/-, in default to suffer
S.I. for one year. Alongwith him, Accused No.1-Aakash @
Lailypapya Shivaji Jadhav also stand convicted for the offence
under Section 307 read with Section 34 of IPC.
M.M.Salgaonkar
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2. The prosecution case is surfaced on record through the
injured PW 4-Tejas, who has deposed before the Court about
the incident, which took place on 02/09/2007, where it is
alleged that when he was present at Samaj Mandir at about
8.30 to 8.45 p.m., the present Applicant alongwith Aakash @
Lailypapya reached there and he was made to consume liquor.
Thereafter, he was taken on a ride for Ganpati darshan and
when they reached at Kalubai Nagar on the motorcycle of
Vikas i.e. the present Applicant, Anita Jadhav and Santosh
Saste were called upon the spot. The prosecution then alleges
that Anita slapped him and Santosh hit him with his elbow on
his back. Accused No.1-Akash is alleged to have assaulted on
his back by knife and when he turned down, the present
Applicant gave blow of knife on his hand. Thereafter, once
again Accused No.1 assaulted him by knife below his stomach.
The assault caused six injuries, which are indicated in the
Injury Certifcate issued by PW 5-Dr.Prashant Desai. The four
amongst the fve injuries are found on the stomach area, being
caused by sharp penetrative instrument, all being grievous in
nature. The ffth injury is cut incised wound over left arm
upper 1/3rd of size 3 cm x 1 cm muscle deep. This is also
alleged to have been caused by sharp penetrative instrument
and it is also classifed as grievous injury. The Applicant is
obviously the author of injury No.5. PW 5 specifcally deposed
that he issued the Injury Certifcate, after examining the
injured and opined that all the grievous injuries could have
caused loss of his life and the injuries could have been caused
by any other weapon.
M.M.Salgaonkar
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The learned counsel for the Applicant would submit that
there is recovery of only one knife and the injury which is
attributed to the Applicant is on the arm and he would submit
that the intention is not to cause the death of the injured. In
any case, the evidence will be appreciated, when the Appeal is
being heard, but at present, since PW 4, the injured himself
has attributed this limited role to the present Applicant, he
deserve suspension of sentence and his liberty, pending the
adjudication of the Appeal. Hence, the following order.
: ORDER :
1. Application is allowed.
2. The sentence imposed on the Applicant vide judgment
dated 23/01/2023 in Sessions Case No.73 of 2018 is
suspended.
3. Pending the Appeal, the Applicant be released on bail on
furnishing PR Bond to the extent of Rs.25,000/- with one or
more sureties in the like amount.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
