Narayan Nago Pardhi vs The State Of Maharashtra
2023 Latest Caselaw 13131 Bom

Bombay High Court

Narayan Nago Pardhi vs The State Of Maharashtra on 20 December, 2023

Author: Revati Mohite Dere

Bench: Revati Mohite Dere, Gauri Godse

           Digitally
           signed by
           SHAGUFTA
   2023:BHC-AS:39164-DB
SHAGUFTA   QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN     Date:                                                                    13-IA-1664-2023.doc
           2023.12.19
           00:40:53
           +0530
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 1664 OF 2023
                                                       IN
                                         CRIMINAL APPEAL NO. 508 OF 2023


                    Narayan Nago Pardhi                                   ...Applicant
                         Versus
                    The State of Maharashtra                              ...Respondent


                    Mr. Rajendra Tajane i/b Mr. Mangesh Deshmukh for the Applicant

                    Mr. S. V. Gavand, Addl.P.P for the Respondent-State


                                                       CORAM : REVATI MOHITE DERE &
                                                               GAURI GODSE, JJ.
                                                       WEDNESDAY, 20th 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 the aforesaid appeal.

13-IA-1664-2023.doc

3 The applicant vide judgment and order dated 14 th

February 2023, passed by the learned Additional Sessions Judge,

Kalyan, in Sessions Case No. 408/2019, has been convicted for

the offence punishable under Section 302 of the Indian Penal

Code and is sentenced to undergo imprisonment for life and to

pay a fine of Rs. 5,000/-, in default, to suffer further rigorous

imprisonment for one month. Another co-accused i.e. brother of

the applicant was acquitted of the offence punishable under

Section 302, for the reasons set-out in the same judgment and

order.

4 Perused the papers. According to the prosecution, the

incident took place on 20th June 2019 at about 8:45 p.m. when

the deceased-Bhaskar had come to the house of the applicant and

his brother i.e. co-accused No.2. It is alleged by the prosecution

that there was an altercation between the deceased and the

applicant and that in that quarrel, the applicant assaulted the

deceased with an axe, which was lying in the courtyard. The

13-IA-1664-2023.doc

applicant is alleged to have assaulted the deceased with an axe on

his thigh. The evidence of PW5- Dr. Shankar Sutar shows that

the femoral artery and vein of the deceased was cut. The cause of

death is stated to be cardio-respiratory arrest due to haemorrhagic

shock with cutting of large vessels of right lower limb due to hard

and sharp object.

5 Learned counsel for the applicant submits that the

prosecution case rests on circumstantial evidence and the

prosecution has not proved the circumstances on record, beyond

reasonable doubt. Not a single eye-witness was examined in the

said case, though available and though statements of eye-

witnesses were recorded. He submits that even otherwise, taking

the prosecution case as it stands, no offence under Section 302 of

the Indian Penal Code is disclosed qua the applicant and at the

highest, the offence would be a lesser offence. He submits that

the applicant is in custody for the last 4 years and 6 months i.e.

from 20th June 2019.

13-IA-1664-2023.doc

6 Learned Addl. P.P. does not dispute the fact that eye-

witnesses' statements were recorded, however, they were not

examined.

7 Having regard to what is stated aforesaid and the fact

that the applicant is in custody for the last 4½ years and the

appeal is of the year 2023 and the same is not likely to reach in

the immediate near future, 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.25,000/- with one or two sureties

in the like amount;

13-IA-1664-2023.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.

8 The Application is disposed of in the aforesaid terms.

9 All concerned to act on the authenticated copy of this

order.

            GAURI GODSE, J.                            REVATI MOHITE DERE, J.