Bombay High Court
Satish Soman Kurup vs State Of Maharashtra on 24 April, 2023
Bench: R.P. Mohite-Dere, Sharmila U. Deshmukh
2023:BHC-AS:12782-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1384 OF 2023
IN
CRIMINAL APPEAL NO. 437 OF 2023
Satish Soman Kurup
Age : 35 years, Occu.: Not known,
R/at Room No.21, Plot No.24,
Gate No.6, New Collector Compound,
Malvani, Malad (West), Mumbai. ... Applicant
Versus
The State of Maharashtra ... Respondent
----
Mr. Pramod G. Kathane for the Applicant.
Mr. V.B. Konde-Deshmukh, APP for the Respondent-State.
----
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : APRIL 24, 2023
P. C. :
1. By this application, the Applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final
disposal of the aforesaid appeal.
Digitally
signed by
SANJAY
SANJAY ASARAM
ASARAM MANDAWGAD
MANDAWGAD Date:
2023.04.27
17:41:00
+0530
2. The Applicant, vide judgment and order dated 22 nd
February, 2023, passed by the learned Additional Sessions Judge,
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Dindoshi, Mumbai in Sessions Case No.101 of 2011, has been
convicted alongwith the other co-accused, for the offence
punishable under Section 302 read with Section 34 of the Indian
Penal Code, 1860 and is sentenced to suffer rigorous imprisonment
for life and to pay fine of Rs.5,000/- in default to suffer simple
imprisonment for 10 days.
3. Perused the papers. During the course of arguments,
learned counsel for the Applicant tendered the notes of evidence.
The same are taken on record. The incident is alleged to have taken
place on 16th March, 2021. According to the prosecution, in the said
quarrel the Applicant alongwith other two co-accused assaulted the
deceased - Asif with iron rod and wooden stick. In the said incident,
the deceased - Asif succumbed to the injuries sustained by him.
4. The prosecution in support of its case, examined six
witnesses. Out of the said six witnesses, five witnesses were eye-
witnesses i.e. PW1 to PW5. As far as PW1, PW2 and PW5 are
concerned, the said witnesses have turned hostile, and as such, do
not further the prosecution case. As far as PW3 is concerned, the
evidence of the said witness - Sarvari Begam, shows that when she
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went to the spot where the deceased was lying, the deceased-Asif
named all three accused. The said witness has not disclosed what
were the names disclosed by Asif (deceased), and as such, the
evidence does not prima facie, reveal the Applicants' complicity. As
far as PW4 is concerned, the said witness has disclosed that there
was a quarrel which took place between the accused and the
deceased, and that the accused No.2- Tambi assaulted Asif
(deceased) with a rod, behind his head, pursuant to which Asif fell
down; that thereafter, accused No.1- Satish (applicant) assaulted
Asif with a rod on his face and hand and co-accussed - Akhil
assaulted Asif with a wooden stick.
5. Perusal of the cross-examination of the said witness in
paragraph no. 5 shows that in the Section 161 statement the said
witness had stated i.e. Asif was holding knife at the relevant time;
that he had threatened the accused; that Asif was telling that the
Applicant was informer of the police and he would kill him.
6. Admittedly, there is no recovery of any rod or blood
stains clothes at the instance of the Applicant. The Applicant was on
bail pending the trial and there is nothing to indicate that he has
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abused the conditions of bail. Overall considering the nature of
allegations, the evidence qua the Applicant and the fact, that the
Applicant was on bail during the trial, the application is allowed and
the Applicant's sentence is suspended and he is enlarged on bail on
the following terms and conditions:
ORDER
(i) The applicant be enlarged on bail on furnishing
P.R.Bond in the sum of Rs.25,000/- (Rupees-Twenty Five
Thousand) with one or two sureties in the like amount;
(ii) The applicant shall report to the trial Court, once
in three months i.e. on the day and date specified by the
Trial Court, till the appeal is finally disposed of;
(iii) The applicant shall keep the trial Court informed
of his current address and mobile contact number and/or
change of residence or mobile details, if any, from time to
time;
(iv) If there are two consecutive defaults in appearing
before the trial Court, the learned Judge shall make a
report to the High Court and the prosecution would be at
liberty to file an application seeking cancellation of bail.
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7. The Interim Application is disposed of in the aforesaid
terms.
8. All concerned to act on the authenticated copy of this
order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
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