Bombay High Court
Sagar Sadanand Bhandari vs State Of Maharashtra on 7 December, 2023
Bench: Revati Mohite Dere, Gauri Godse
2023:BHC-AS:36817-DB
18-IA-2032-2023-APEAL-841-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
rrpillai
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2032 OF 2023
IN
CRIMINAL APPEAL NO. 841 OF 2023
Sagar Sadanand Bhandari ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Sanjeev P. Kadam a/w. Ms. Varsha Thorat i/b. Mr. Bhanudas L.
Jagtap for the Applicant.
Mr. S. V. Gavand, Addl. Public Prosecutor for the State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 7th 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 his aforesaid appeal.
3. The applicant by judgment and order dated 20 th April 2022
passed by the Learned Sessions Judge, Borivali, Div. Dindoshi,
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Mumbai in Sessions Case No. 195 of 2017 has been convicted
and sentenced alongwith other co-accused as under :
-- for the offence punishable under section 302 read with
Section 149 of the Indian Penal Code, to suffer
imprisonment for life and pay fine of Rs.50,000/-, in
default to undergo rigorous imprisonment for two years;
-- for the offence punishable under sections 143, 144 and
148 of the Indian Penal Code, to suffer rigorous
imprisonment for two years and pay fine of Rs.2,000/-, in
default to undergo rigorous imprisonment for two months;
-- for the offence punishable under section 506 (Part-II) of
the Indian Penal Code, to suffer rigorous imprisonment for
three years and pay fine of Rs.2,000/-, in default to undergo
rigorous imprisonment for two months;
All the aforesaid sentences are been directed to run
concurrently.
4. There is direct evidence relied upon by the prosecution i.e.
two eye witnesses are PW-2 - Nasruddin Shamshuddin Khan and
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PW-3- Sandip Jayantor Das. As far as PW-2-Nasruddin
Shamshuddin Khan is concerned, he has in his evidence stated
that the applicant pushed the deceased and thereafter assaulted
him with fist blows. As far as PW-3- Sandip Jayantor Das is
concerned, he too has alleged that the applicant pushed the
deceased and assaulted him with fist blows and thereafter with an
iron rod.
5. It appears from the prosecution case that the information
with respect to the assault on the deceased was informed by the
applicant to the Control Room by calling 100. The mobile
number from which the call was made by the applicant is also
recorded in his arrest form. As far as motive is concerned,
admittedly, the applicant had no motive to assault the deceased in
as much as the dispute was essentially between the deceased and
the accused no. 1 with respect to an incident which had taken
place seven years prior.
6. As far as recovery of clothes is concerned, although clothes
are recovered at the instance of the applicant, no blood stains
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were found on the same. It also appears that initially when the
police reached the spot, the police apprehended original accused
no. 1, present applicant and the deceased and took them to
Siddharth Hospital where the deceased was treated, from there
the deceased was brought to the police station and when he
vomitted he was again taken to Cooper hospital where he
scummbed to his injuries on the next date. The cause of death is
stated to be head injury.
7. The applicant is in custody for about 6 ½ years. The appeal
is of the year 2023 and is not likely to be heard in the near future.
Considering the evidence on record qua the applicant, as stated
aforesaid, 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/- each with one or two
sureties in the like amount;
18-IA-2032-2023-APEAL-841-2023.doc
ii) The Applicant shall report to the trial Court, once in
four months on the day/date specified by the trial Court, till
the appeal is finally disposed of;
iii) The Applicant shall keep the trial Court informed of
their 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 allowed in the aforesaid terms and is
accordingly disposed.
All concerned to act on the authenticated copy of this order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
