Bombay High Court
Ramprasad Ramlal Jaiswal @ Kalya vs State Of Maharashtra on 6 December, 2023
Bench: Revati Mohite Dere, Gauri Godse
Digitally
signed by
SHAGUFTA
2023:BHC-AS:36671-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 11-IA-824-2023.doc
2023.12.08
11:36:17
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 824 OF 2023
IN
CRIMINAL APPEAL NO. 1001 OF 2021
Ramprasad Ramlal Jaiswal @ Kalya ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Anil B. Khopade i/b Mr. Pritam Runwal for the Applicant
Mr. S. V. Gavand, Addl. P.P for the Respondent-State
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
WEDNESDAY, 6th DECEMBER 2023
P.C :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks suspension of
his sentence and enlargement on bail, pending the hearing and
final disposal of the aforesaid appeal.
SQ Pathan 1/7
::: Uploaded on - 08/12/2023 ::: Downloaded on - 08/12/2023 22:50:35 :::
11-IA-824-2023.doc
3 The applicant vide judgment and order dated 12 th
October 2021, passed by learned Additional Sessions Judge, City
Civil & Sessions Court, Greater Bombay, in Sessions Case No.
815/2014, has been convicted and sentenced as under:
- for the offence punishable under Section 302 r/w
Section 34 of the Indian Penal Code, to suffer imprisonment
for life and to pay fine of Rs.2,000/- each, in default, to
suffer rigorous imprisonment for 1 year;
- for the offence punishable under Section 120B r/w
Section 34 of the Indian Penal Code, to suffer rigorous
imprisonment for 5 years and to pay fine of Rs.500/- each,
in default, to suffer rigorous imprisonment for 1 year;
- for the offence punishable under Section 4/25 of the
Arms Act, to suffer rigorous imprisonment for 3 years and
to pay fine of Rs. 500/- each, in default, to suffer rigorous
imprisonment for 1 year;
SQ Pathan 2/7
::: Uploaded on - 08/12/2023 ::: Downloaded on - 08/12/2023 22:50:35 :::
11-IA-824-2023.doc
All the aforesaid sentences were directed to run
concurrently.
4 Perused the papers. The prosecution case rests on
direct evidence i.e. there are three eye-witnesses to the case and
also on circumstantial evidence i.e. recovery of Khanjar at the
instance of the applicant. The eye-witnesses relied upon by the
prosecution are PW1-Mohd. Ibrahim Abu Bakar Shaikh (brother
of the deceased); PW13-Sanjay Shetty (friend of the deceased);
and PW18-Namdeo Kirdat.
5 According to PW1-Mohd. Ibrahim Abu Bakar Shaikh
(brother of the deceased), co-accused Mangesh and Mohsin held
the deceased and Kalya i.e. the applicant and Sonu assaulted his
brother with a knife. He has further stated that all the accused
were assaulting his brother and as such, there were injuries on his
face, leg, back and hand.
SQ Pathan 3/7
::: Uploaded on - 08/12/2023 ::: Downloaded on - 08/12/2023 22:50:35 :::
11-IA-824-2023.doc
6 PW13-Sanjay Shetty has stated that when he reached
the spot, he saw 3 to 4 persons assaulting his friend Farooq
(deceased); that Sonu assaulted his friend on his abdomen by knife
and also on his hand, back and cheek; Kalya (applicant) and
Mohsin were also seen beating Farooq. He has further deposed
that Sonu was holding a knife, to ensure that the people did not
come forward to rescue Farooq (deceased). He has further stated
that the applicant-Kalya was holding a dagger and that both,
Kalya and Sonu were assaulting Farooq and that Mangesh and
Mohsin had held Farooq.
7 PW18-Namdeo Kirdat has stated that the applicant
gave a thumb on the chest of Farooq (deceased) and then
assaulted the deceased with a Khanjar on his face and then on his
hand. He has further stated that then Sonu (accused No.3) came
there and that he too gave blows with a knife on the back and the
body of Farooq (deceased) and that Mohsin and Mangesh had
held Farooq.
SQ Pathan 4/7
::: Uploaded on - 08/12/2023 ::: Downloaded on - 08/12/2023 22:50:35 :::
11-IA-824-2023.doc
8 There appears to be a slight discrepancy in the
evidence as to where the blows were given by the applicant on the
deceased.
9 Be that as it may, in addition thereto, the applicant is
incarcerated in jail for about 9 years and 6 months and has
recently suffered a Paralytic Stroke. The applicant's medical
report has been placed before us by the learned Additional Public
Prosecutor, evidencing the same. The said report is taken on
record.
10 Considering the aforesaid, the application is allowed
and the applicant's sentence is suspended and he is enlarged on
bail, pending the hearing and final disposal of his Appeal, on the
following terms and conditions :
ORDER
i) The applicant be enlarged on bail on furnishing
P.R. Bond in the sum of Rs.20,000/- with one or two
sureties in the like amount;
11-IA-824-2023.doc
ii) The applicant shall report to the trial Court, once in
four months on the day/date specified by the trial Court, till
his 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.
11 The application is accordingly disposed of in the
aforesaid terms.
11-IA-824-2023.doc
12 All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
