Bombay High Court
Popat @ Shankar Jagan Bendkule vs State Of Maharashtra on 13 December, 2023
Bench: Revati Mohite Dere, Gauri Godse
2023:BHC-AS:37497-DB
4. IA 3252-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3252 OF 2023
IN
CRIMINAL APPEAL NO. 230 OF 2023
Popat @ Shankar Jagan Bendkule ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Chetan Deshmukh for the Applicant.
Mr. J.P.Yagnik, Addl.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 13th 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.
Wakodikar 1/5
::: Uploaded on - 14/12/2023 ::: Downloaded on - 14/12/2023 11:50:35 :::
4. IA 3252-2023.doc
3. The applicant, vide Judgment and Order dated 17 th
January, 2023, passed by the learned Additional Sessions Judge,
Nashik, in Sessions Case No. 168 of 2018, has been convicted for the
offences punishable under sections 302 and 201 of the Indian Penal
Code. For the offence punishable under Section 302 of the Indian
Penal Code, the applicant has been sentenced to undergo life
imprisonment and to pay fine of Rs.25,000/-, in default, to suffer
simple imprisonment for one year and for the offence punishable
under Section 201 of the Indian Penal Code, the applicant has been
sentenced to undergo rigorous imprisonment for seven years and to
pay fine of Rs.25,000/-, in default, to suffer simple imprisonment of
six months.
All the aforesaid sentences were directed to run concurrently.
4. Perused the papers. Admittedly, the prosecution case rests
on circumstantial evidence i.e. the evidence of last seen of the
deceased with the applicant and two other co-accused; recovery of
blood stained sword at the instance of the applicant and showing of
Wakodikar 2/5
::: Uploaded on - 14/12/2023 ::: Downloaded on - 14/12/2023 11:50:36 :::
4. IA 3252-2023.doc
the spot by the applicant. As far as last seen evidence is concerned,
the prosecution has examined P.W.5 - Shankar Bagar and P.W.6 -
Bharatabai Lande. P.W.5 - Shankar in his evidence has stated that on
4th January, 2018 at about 7.00 to 7.30 p.m., when he was walking
near the water tank, he saw the applicant, Yogesh and Deepak
alongwith Sachin (deceased) on a motorcycle. He has disclosed in his
cross examination that they were going to Aashewadi.
5. P.W.6 - Bharatabai Lande, in her evidence has stated that
on 4th January, 2018, at about 8.00 p.m., when she came near water
tank, she saw Deepak, Yogesh and Popat (applicant) near the water
tank going on a motorcycle with Sachin (deceased).
6. It is pertinent to note that both, Yogesh and Deepak have
been acquitted by the learned Sessions Judge for the reasons set out in
the Judgment, though the evidence of last seen is also qua them and
has convicted the applicant on the basis of the very same evidence and
recovery of the blood stained sword at the instance of the applicant.
The said sword was recovered from an open space accessible to all. It
Wakodikar 3/5
::: Uploaded on - 14/12/2023 ::: Downloaded on - 14/12/2023 11:50:36 :::
4. IA 3252-2023.doc
appears from the evidence of P.W.10 - Pravin Padvi, the Investigating
Officer that there was several cases registered against the deceased
including one under Sections 302, 326, 307 of the Indian Penal Code.
There is no motive brought on record by the prosecution to show that
the applicant was on inimical terms with the deceased and as such, had
motive to murder him.
7. Considering the aforesaid and the fact that the applicant is
in custody from more than five years and nine months and the fact
that the appeal is of the year 2023 and is not likely to be heard in the
immediate near future, 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/- with one or two sureties in the like
amount;
ii) The applicant shall report to the trial Court, once in four
4. IA 3252-2023.doc
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.
8. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
9. All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
