Bombay High Court
Rashtrapal Ananda Dhabe vs State Of Maharashtra on 22 December, 2023
Bench: Prakash D. Naik, N. R. Borkar
912-IA-4464-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4464 OF 2023
IN
CRIMINAL APPEAL NO. 194 OF 2018
Rashtrapal Ananda Dhabe ... Applicant
Versus
State Of Maharashtra ...Respondent
....
Mr. Aniket Vagal a/w Mr. Kunal Pednekar, Advocate for the Applicant.
Mrs. M.H. Mhatre, APP for the Respondent - State.
....
CORAM : PRAKASH D. NAIK, &
N. R. BORKAR, JJ.
DATE : 22nd DECEMBER, 2023.
P.C.:
1. This is an application for suspension of sentence and grant of
bail during the pendency of Appeal. The previous application was
withdrawn and disposed of vide order dated 5th March 2018.
2. The case of the prosecution is that there was quarrel between
the applicant and the deceased. The deceased is the wife of the
applicant. The first dying declaration of the deceased mentioned
that she had suffered burn injuries accidentally on account of
explosion of stove. The dying declaration was recorded by the
Executive Magistrate in question answer format which was
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followed by the statement recorded by Police on the same day
which also does not implicate the applicant. The alleged incident
had occurred on 8th January 2016. The aforesaid dying declaration
was recorded on 8th January 2016. Supplementary statement of
the deceased was recorded on 9 th January 2016, wherein she has
stated that there was quarrel between her and the accused. She
poured diesel upon herself and during scuffle the diesel got
sprinkled on her person. Accused lit the matchstick and she was
set on fire. The accused went out and returned to house and tried
to extinguish the fire. The victim was taken to hospital by accused
and another person.
3. Learned Advocate for the applicant submitted that earlier
application was withdrawn on 15th March 2018. Although the
period of about 5 years has lapsed from the disposal of said
application, the appeal could not be heard. The applicant is in
custody for a period of about 8 years. The dying declarations relied
upon by the prosecution are contradictory. In the first dying
declaration, the applicant is not implicated, however subsequently
there is improvement wherein overt-act of setting the victim on fire
has been attributed to the applicant.
4. Learned A.P.P. submitted that there is sufficient evidence to
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convict the applicant in the crime. Although in the first dying
declaration the victim has stated that it was accidental case. The
spot panchanama and recovery of stove does not indicate that there
was any explosion of stove. What was sprinkled on the body of the
victim is diesel. The second dying declaration attributed overt act
to the applicant. The statements of the relatives of the deceased
were recorded. Oral dying declarations were made to them.
5. The applicant is in custody for a period of bout 8 years. The
first statement of the victim was recorded by the Executive
Magistrate wherein she has not implicated the applicant. The
second statement was recorded by the Police Officer, in which the
victim has purportedly stated that diesel was poured by her on her
person and the accused had lit the matchstick. The dying
declaration also indicate that there was quarrel between the
accused and the victim and during this scuffle the diesel was
poured on her person.
6. Considering the fact that there are contradictory dying
declarations and the applicant is in custody for a period of about 8
years, case for suspension of sentence and grant of bail is made out.
ORDER
i. Interim Application No.4464 of 2023 is allowed;
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ii. During the pendency of Criminal Appeal No.194 of
2018, the substantive sentence of imprisonment imposed vide
Judgment and order dated 23.01.2018 passed by learned
Sessions Judge, Nashik in Sessions Case No.99 of 2016 is
suspended and the applicant is directed to be released on bail
on executing P.R. Bond in the sum of Rs.25,000/- with one or
more sureties in the like amount;
iii. The applicant shall attend the concerned Police Station
once in three months on first Saturday of the month till
further order;
iv. Interim Application stands disposed of
accordingly.
(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)
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