Sulabha Chakrapani Sarvade vs Bajrang @ Vijay Nivrutti Patil And ...
2023 Latest Caselaw 8191 Bom

2023:BHC-AS:22648



                     Diksha Rane                                     6. APEAL ST 916-19 & ANR..doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION
       Digitally
       signed by
       DIKSHA
                              CRIMINAL APPEAL (STAMP) NO.916 OF 2019
DIKSHA DINESH
DINESH RANE
RANE   Date:
       2023.08.09
       18:36:50
                                               WITH
       +0530
                               CRIMINAL APPLICATION NO.1116 OF 2019
                                                IN
                              CRIMINAL APPEAL (STAMP) NO.916 OF 2019

                     SULABHA CHAKRAPANI SARVADE                 ..APPELLANT
                          VS.
                     BAJRANG @ VIJAY NIVRUTTI PATIL
                     & ANR.                                     ..RESPONDENTS
                                             ------------
                     Adv. Amol S. Suryawanshi for the appellant.

                     Adv. Akshay Kulkarni i/b. Adv. Ashutosh M. Kulkarni for the
                     respondent no.1.

                     Mr. Y. M. Nakhwa, APP for the State.
                                                ------------
                                          CORAM : M. S. KARNIK, J.

DATE : AUGUST 9, 2023.

P.C. :

1. Heard learned counsel for the applicant.

2. This is an application for condonation of delay of 4

years, 5 months and 15 days in filing appeal against an

order of acquittal.

3. The applicant is the first informant. The applicant had

filed First Information Report (FIR) alleging that the accused

Diksha Rane 6. APEAL ST 916-19 & ANR..doc

had committed offence punishable under Section 3(1)(x) of

the Scheduled Castes and the Scheduled Tribes (Prevention

of Atrocities) Act, 1989 and Sections 323, 365, 504, 506 of

the Indian Penal Code.

4. Though this is an application for condonation of delay,

with the assistance of learned counsel I have gone through

the judgment and order of the trial Court acquitting the

accused. Before the trial Court, the star witnesses had

turned hostile and the trial Court recorded that there was no

hope of securing conviction against the accused and

therefore, further evidence was closed. The statement of

the accused under Section 313 of the Code of Criminal

Procedure was dispensed with. The trial Court observed that

the prosecution has failed to make out the case and prove

the charges. The trial Court had also considered that both

the witnesses of the prosecution stated nothing against the

accused.

5. Learned counsel for the applicant submitted that there

is sufficient cause for condonation of delay. He invited my

attention to the reasons stated in the application. It is the

submission of learned counsel that in view of the

Diksha Rane 6. APEAL ST 916-19 & ANR..doc

compromise arrived at between the parties out of Court that

the accused was acquitted. Pursuant to the order of

acquittal, the Special Civil Suit No. 261 of 2015 for

compensation came to be filed by the accused and in that

suit, the accused denied out of Court compromise between

the parties in Special Case No.2/2014 from which

proceeding the present appeal arises. It is thus seen that

though the applicant was aware that the accused was not

honouring the compromise from as far back as in 2015, the

Criminal Appeal is filed after 4 years on this very ground. In

any case, the order of acquittal by the trial Court was on

account of the fact that star witnesses turned hostile and

there was no evidence on record to support the case of the

prosecution and not on the ground of compromise urged by

learned counsel for the appellant.

6. Further the reasons as mentioned in the application for

delay that the applicant is a layman and some time was

required for collecting money and collecting documents are

not sufficient to condone the delay. The reasons for

condonation are far from satisfactory.

7. So far as the breach of the compromise is concerned,

Diksha Rane 6. APEAL ST 916-19 & ANR..doc

it is for the applicant to resort to appropriate remedies. The

contentions of both the parties in that regard are kept open.

8. The application is disposed of.

9. Consequently, Criminal Appeal (Stamp) No. 916 of

2019 is also disposed of.

(M. S. KARNIK, J.)