Bombay High Court
Santosh Ramchandra Sawant vs The State Of Maharashtra on 20 February, 2023
Bench: A.S. Gadkari, Prakash Deu Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1520 OF 2022
IN
CRIMINAL APPEAL NO.574 OF 2017
Santosh Ramchandra Sawant Applicant
versus
The State of Maharashtra Respondent
Mr.Paras Yadav, Advocate for Applicant.
Mr.Ajay Patil, APP, for State.
CORAM : A.S.GADKARI AND
PRAKASH D.NAIK, JJ.
DATE : 20th February 2023
PC :
1. This is an application for suspension of sentence and releasing
the Applicant on bail.
Applicant has been convicted under Section 302 of the Indian
Penal Code by learned Additional Sessions Judge, Jaysingpur in
Sessions Case No.2 of 2015, by its Judgment and Order dated 18 th
February 2017.
2. Perusal of evidence of Shri Suresh Annappa Koli (PW-9), the
then PSO attached to Kurundwad Police Station, District Kolhapur,
indicates that after commission of offence i.e. murder of Vijaya
Digitally signed by
Sawant in the wee hours 12th May 2014 the Applicant himself went
MANISH MANISH SURESH
SURESH THATTE
Date: 2023.02.24
THATTE 18:03:40 +0530
to Police Station at about 9.30 a.m and informed him about the
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alleged act committed by himself. As the incident had occurred
within the jurisdiction of Jaysingpur Police Station, police from
Kurundwad Police Station called Police from Jaysingpur Police
Station and handed over custody of Applicant to them. Subsequently
a crime was registered on the basis of FIR given by Smt.Meena
Balwant Tambde (PW-4). It prima facie appears that, the Trial Court
has placed heavy reliance on the alleged confessional statement of
Applicant to PW-9 in Kurundwad Police Station. It further prima
facie appears that other corroborative pieces of evidence are weak in
nature.
Applicant is in jail since 12th May 2014. Learned advocate for
Applicant on instructions submitted that there are no antecedents at
the discredit of applicant.
3. In view of the above we are inclined to suspend sentence and
release the Applicant on bail.
Hence following order :-
(i) During pendency of the present Appeal, substantive sentence
imposed upon the Applicant is suspended;
(ii) Applicant be released on bail in Sessions Case No.2 of 2015
tried by Additional Sessions Judge, Jaysingpur, District Kolhapur, on
his furnishing P.R bond in the sum of Rs.25,000/- with one or two
local sureties in the like amount;
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(iii) After his release from Jail and during the pendency of Appeal,
Applicant shall attend Jaysingpur Police Station on every first
Monday of the month between 10.00 a.m and 12.00 noon initially
for a period of one year and subsequently on every first Monday of
every 3rd month i.e. four times a year between 10.00 a.m and 12.00
noon;
(iv) If the Applicant commits two consecutive defaults in
complying with condition No.(iii) above, in that event, the
prosecution will be at liberty to file an Application for cancellation of
bail.
4. Interim Application is allowed in aforesaid terms.
(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.)
MST
