Bombay High Court
Dattatray Nagnath Nagtilak vs State Of Maharashtra And Anr on 12 December, 2023
Bench: Revati Mohite Dere, Gauri Godse
2023:BHC-AS:37464-DB
VARSHA VIJAY Digitally signed by VARSHA
VIJAY RAJGURU
RAJGURU Date: 2023.12.13 20:03:20
+0530
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varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 3480 OF 2023
IN
CRIMINAL APPEAL NO. 1064 OF 2023
Dattatray Nagnath Nagtilak ... Applicant
vs.
The State of Maharashtra and Anr ... Respondents
Mr. Nagraj Shinde, for the Applicant
Mrs. P.P. Shinde, A.P.P for the State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATED : 12th 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.
3. The applicant vide Judgment and Order dated 21st August
2023, passed by learned Addl. Sessions Judge, Barshi, District
Solapur in Sessions Case No. 89 of 2019, has been convicted
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and sentenced as under:-
- for the offence punishable under Section 302 of the
Indian Penal Code, to suffer imprisonment for life and to
pay fine of Rs. 10,000/- in default, to suffer rigorous
imprisonment for one year;
- for the offence punishable under Section 201 of the
Indian Penal Code, to suffer rigorous imprisonment for 3
years and to pay fine of Rs. 3,000/- in default, to suffer
simple imprisonment for 6 months.
Both the aforesaid sentences were directed to run
concurrently.
4. As far as co accused- Ranjit Nagnath Nagtilak; Bhagirathi
Nagnath Nagtilak and Phulabai Ramchandra More i.e accused
no. 2 to 4 are acquitted of the said offences punishable under
sections 302 and 201 r/w section 34 of the IPC.
5. Learned counsel for the applicant submits that the
prosecution case rest entirely on circumstantial evidence. She
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submits that the evidence of PW 1- Bhushan Bibhishan Mohite,
PW 3- Dhanaji Namdev Gund and PW 5- Santosh Shivaji
Kshirsagar is that the applicant committed the said offences
because of non fulfillment of dowry. He submits that the said
evidence of PW 1- Bhushan, PW 3- Bhanaji and PW 5- Santosh is
contrary to the evidence of Bhagirathi Nagnath Nagtilak, who
was examined by the applicant in support of his defence. He
submits that the prosecution in the cross-examination has
suggested that the applicant and others have murdered the
deceased, as deceased was insisting for staying separately. It is not
in dispute that the applicant and the deceased was staying in the
house alongwith their two children one studying in 2 nd standard
and other in 3rd standard with other members i.e. brother-in-law,
mother-in-law and maternal mother-in-law of the deceased. It
appears that the children of the brother-in-law was also residing
in the said house at the relevant time. It is the prosecution case
that the applicant and the other co-accused murdered the
deceased and made it look as if the deceased has committed
suicide. Learned APP submitted that the medical evidence on
record would show that the deceased has not committed suicide.
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6. Learned counsel for the applicant submits that the motive
is alleged by the complainant i.e. PW 1- Bhushan for the first
time in the supplementary statement and not in the FIR and that
the same is evident from the admission made by the Investigating
Officer in his cross-examination. He further submits that since
there were so many persons residing in the house at the relevant
time, and that since the other co-accused have been acquitted,
the applicant alone cannot be foisted with the charge of murder,
merely because, he is the husband of the deceased.
7. The applicant is in custody since 2018 i.e. for the last five
years. The appeal is of the year 2023 and the same is not likely
to come up for the hearing in the immediate near future.
8. Considering the evidence on record and the fact that the
applicant is incarcerated for about 5 years, 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 :-
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ORDER
i) The Applicant be enlarged on bail on furnishing
P.R. Bond in the sum of Rs.25,000/- with one or two
sureties in the like amount;
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.
9. The Application is allowed in the aforesaid terms and is
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accordingly disposed of.
10. All concerned to act on the authenticated copy of this
order.
(GAURI GODSE, J.) (REVATI MOHITE DERE, J.)
