Pranvallabh S/O Radhakant ... vs State Of Mah.Thr. Pso Ps Armori ...
2023 Latest Caselaw 1080 Bom

                                            1                               14-APPA-1052-22.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH, NAGPUR.

                      CRIMINAL APPLICATION (APPA) NO. 1052 OF 2022
                                          IN
                            CRIMINAL APPEAL NO. 816 OF 2022

                          PRANVALLABH S/O RADHAKANT RAJVANSHI
                                           Vrs.
                                 STATE OF MAHARASHTRA
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Shri R. M. Daga, Advocate for applicant.
                          Mrs. Mayuri Deshmukh, A. P. P. for respondent-sole.

                                                   CORAM: VINAY JOSHI AND
                                                          VALMIKI SA MENEZES, JJ.

DATE : 01/02/2023.

1. Heard.

2. This is an application under Section 389 of the Code of Criminal Procedure seeking suspension of execution of sentence passed in Sessions Case No.41/2018, whereby the applicant was sentenced to suffer imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code. The applicant was also convicted for the offence punishable under Section 201 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years.

3. The accused is husband of deceased. On 08/04/2013, a skeleton was found in the field of Tulshiram Sudam Shende (PW-12). The cause of death was not ascertained by Doctor. DNA profile of skeleton 2 14-APPA-1052-22.odt

matches with her son and thus, the identity of the deceased was confirmed.

4. The prosecution case is totally based on circumstantial evidence. The prosecution has examined in all 17 witnesses in the trial. The learned Trial Court has taken into account several circumstances which have been stated in Paragraph No.45 of the Judgment. On perusal of these circumstances, it is doubtful whether most of them can be construed as a circumstance against the accused. The Trial Court has mainly relied on the circumstance of long abscondance, domestic quarrel and non-explanation by accused about the death of his wife. The accused was on bail during trial. Having regard to the facts, we deem it appropriate to suspend the execution of sentence as in case of success of appeal, the position cannot be reversed.

5. In view of that, application is allowed. Execution of substantive sentence passed by learned Sessions Judge, Gadchiroli in Sessions Case No.41/2018 vide Judgment and order dated 22/09/2022 is hereby suspended, till disposal of appeal.

6. In the meantime, accused shall be released on bail on execution of P. R. Bond of Rs.15,000/- with one or two solvent sureties in the like amount.

7. The application stands disposed of.

     [VALMIKI SA MENEZES, J.]                                           [VINAY JOSHI, J.]

Choulwar

                     Digitally signed by VITHAL
  VITHAL MAROTRAO    MAROTRAO CHOULWAR
  CHOULWAR           Date: 2023.02.02 15:38:22
                     +0530