Bombay High Court
Baban Popat Dangat vs State Of Maharashtra on 19 December, 2023
Author: Revati Mohite Dere
Bench: Revati Mohite Dere, Gauri Godse
2023:BHC-AS:38764-DB
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2023.12.21
CHITNIS 15:57:44 +0530
9-ia.2513.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2513 OF 2023
IN
CRIMINAL APPEAL NO.340 OF 2021
Baban Popat Dangat ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Aashish Satpute, for the Applicant.
Ms. P. P. Shinde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
DATE : 19th DECEMBER 2023
ORAL ORDER (Per Revati Mohite Dere, J.):
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, vide Judgment and Order dated 3 rd
February 2016, passed by the learned Additional Sessions Judge, Pune,
9-ia.2513.2023.doc
in Sessions Case No. 773 of 2010, has been convicted for the offence
punishable under Section 302 of the Indian Penal Code and sentenced
to undergo imprisonment for life and to pay fine of Rs.5,000/-, in
default, to suffer further rigorous imprisonment for three months.
The applicant has however been acquitted of the offence punishable
under Sections 498-A and 309 of the Indian Penal Code.
4. Learned counsel for the applicant although has argued on
merits, he submits that long incarceration of the applicant of about 13
years itself is a ground for enlarging the applicant on bail, having
regard to the judgment of the Apex Court in the case of Saudan Singh
v/s The State of Uttar Pradesh1.
5. Learned APP does not dispute the fact that the applicant is
in custody for about 13 years.
6. Perused the papers. The prosecution case rests on
circumstantial evidence i.e. motive; that the applicant was present at
1 2022 SCC OnLine SC 697
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the house when the death of the deceased (with whom allegedly he
was having an affair) occurred; applicant's subsequent conduct; call
made by the applicant to PW 3 making an extra-judicial-confession
and recovery of knife, at his instance.
7. Although, there appears to be prima facie circumstances to
show the complicity of the applicant, in the facts, having regard to the
fact that the applicant is incarcerated for about 13 years; having
regard to the judgment of the Apex Court in the case of Saudan Singh
(supra) and no prospect of the appeal being 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. 20,000/- with one or two sureties in the like
amount;
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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) The applicant shall not contact the complainant, witnesses
or any person concerned with the case;
v) The applicant shall file an undertaking with regard to
clauses (ii) to (iv) in the trial Court, within two weeks of his release;
vi) 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.
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8. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
. All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
