Bombay High Court
Mangesh Sudam Vaywal vs The State Of Maharashtra on 11 August, 2023
Bench: V. V. Kankanwadi, Abhay S. Waghwase
2023:BHC-AUG:17239-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2178 OF 2022
IN
CRIMINAL APPEAL NO.879 OF 2022
Mangesh S/o Sudam Vaywal,
Age : 31 years, Occu. Education,
R/o. Samsapur, Tq. & Dist. Parbhani ... Applicant
(Orig. Accused)
Versus
1. State of Maharashtra,
Through Police Station Begampura,
Tq. & Dist. Aurangabad.
2. Shatrughan S/o Shankar Tidke,
Age : 50 Years, Occu. : Labour,
R/o. At Post Shahapur,
Tq. Khamgaon, Dist. Buldhana. ... Respondents.
...
Mr. Yogesh G. Birajdar a/w Mr. Suyash S. Jangada h/f. Mr. Sachin S.
Deshmukh, Advocate for Applicant
Mr. S. J. Salgare, APP for Respondent - State
Ms. Anita A. Ghanekar, Advocate for Respondent No.2 (Appointed)
...
CORAM : SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
RESERVED ON : 01 AUGUST , 2023
PRONOUNCED ON : 11 AUGUST, 2023
ORDER (PER ABHAY S. WAGHWASE, J.) :
1. Original convict, for offence under section 302 of
Indian Penal Code (IPC) has put up instant application with
prayers for suspension of sentence and grant of bail.
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2. It is submitted that, applicant was arrested and tried
for commission of offence under section 302 of IPC, vide Sessions
Case No. 176 of 2018 by learned Additional Sessions Judge,
Aurangabad and vide Judgment and order dated 07.04.2022 held
guilty and sentenced to suffer imprisonment for life against which
Criminal Appeal No. 879 of 2022 has been filed and the same is
pending before this Court.
3. Learned counsel for applicant would submit that, it is
apparently false implication, i.e. in absence of cogent, reliable and
trustworthy evidence. It is pointed out that, case of prosecution is
based on circumstantial evidence, but none of the circumstances
are proved beyond reasonable doubt. He introduced the role of
witnesses adduced by prosecution and also took us through their
testimonies. According to him, cross-examination of above
witnesses apparently renders their testimonies unworthy of
credence, however, learned trial Judge has accepted their version
and had written guilt. He emphasized that, death of Ajay is
reported to be by ligature strangulation. It is submitted that,
applicant was not residing with deceased, rather he was residing
with other boys and sharing same room with them. Applicant is
arrested on the basis of alleged extra judicial confession, which has
no evidentiary value. Lastly he submitted that, he has a strong
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case in appeal. That, appeal is admitted recently and it will take
long time for its hearing, and hence, till then he prays for
suspension of sentence and grant of bail.
4. With able assistance of learned counsel for applicant,
we have prima facie gone through the evidence before the trial
Court. Admittedly, there is no direct evidence. In short, case of
prosecution is that accused was friend of deceased Ajay. Appellant
was having one sided love with a girl, with whom deceased had
allegedly befriended. According to prosecution, there was
annoyance on such count and appellant went to stay in the room of
deceased and had spent night with him. According to prosecution,
original roommates, namely Sachin and Anil had seen appellant in
their room of deceased and according to them he had requested
them to sleep in other room as he had something personal talk with
deceased, and therefore, both these boys went in room no.11 to
sleep that night. According to PW5 Ganesh, who was occupant of
room no.10, which is adjoining to the room which is scene of
occurrence, around 5:15 p.m., accused came out of room no.11 and
informed that he has finished deceased and that he is going to
police station. Anil and Sachin also claim about such extra judicial
confession made to them.
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5. It is seen that, appellant himself had been to the police
station. During investigation, there is said to be recovery of waist
belt. Death is reported to be due to ligature strangulation. No
doubt, case of prosecution is based on so called extra judicial
confession, however there is no dispute that appellant had spent
night with deceased, during which incident allegedly took place.
There are as many as three friends of deceased, who were in the
adjoining rooms and they all confirmed about visit of appellant to
the room of deceased and only he to be in the company of deceased
that night.
6. Record shows that, appellant was not on bail during
trial. Taking into account above material on record, prima facie,
we are convinced that there is no case made out for suspension of
sentence or grant of bail. Hence, application is hereby rejected.
(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)
Tandale
