Bombay High Court
Madhukar Khandu More vs State Of Maharashtra on 20 February, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.604 OF 2023
IN
CRIMINAL APPEAL NO.742 OF 2021
Madhukar Khandu More .... Applicant
versus
State of Maharashtra .... Respondent
.......
• Mr. Yakub Shaikh, Advocate for Applicant.
• Mr. S. R. Agarkar, APP for State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 20th FEBRUARY, 2023
P.C. :
1. This is an application for bail pending final disposal of
the Appellant's Criminal Appeal No.742 of 2021. The Applicant
was convicted and sentenced by the Additional Sessions Judge,
Nashik, vide his Judgment and Order dated 24/09/2018 passed
in Sessions Case No.184 of 2018.
Digitally
signed by
MANUSHREE
The Applicant was convicted for commission of offence
MANUSHREE V
V NESARIKAR
NESARIKAR Date:
punishable u/s 307 of the Indian Penal Code and was sentenced
2023.02.20
17:04:46
+0530
Nesarikar
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to suffer rigorous imprisonment for five years and to pay a fine
of Rs.2,000/- and in default of payment of fine to undergo
simple imprisonment for two months.
That order was passed on 24/09/2018.
2. Heard Mr. Yakub Shaikh, learned counsel for the
Applicant and Mr. S. R. Agarkar, learned APP for the State.
3. Learned counsel for the Applicant submitted that the
Applicant is a Senior Citizen and he is almost 76 years of age.
The sentence is of 5 years and he has completed more than 4
years and 4 months, though he was on bail during trial. He did
not advance any submissions on merits of the matter.
4. Learned APP relied on the evidence of the victim who
is examined as P.W.2 and on the medical evidence in the form of
Dr. Ashok Gaikwad, who is examined as P.W.6 to oppose this
application.
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5. I have considered these submissions. The Appeal was
filed belatedly and it was admitted on 03/09/2021. No separate
Bail Application was preferred. However, there was prayer for
suspension of sentence made in Appeal memo itself. When the
Appeal was admitted, no order was passed on this prayer and
apparently that prayer was not pressed. After that, this Bail
Application is preferred on 10/02/2023. Again it is preferred
after much delay. The Applicant has almost completed his
sentence. Filing this application for bail so belatedly, is not
explained anywhere.
6. I have perused the evidence of the victim. She was
assaulted with a knife by the Appellant on 27/02/2018 on a road.
Her evidence is supported by the medical evidence which shows
that there were three injuries. The first one was on the chin of
the size 3 cm x 1 cm x 1 cm; second was on the left scapular
region of the size 5 cm x 2 cm x 2 cm and the third was the
abrasion over right hand thumb.
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7. Thus, at this stage, there is sufficient material to show
that it is a case u/s 307 of the Indian Penal Code and the safety
of the victim is in danger. Moreover, the application is filed
belatedly. Therefore, I am not inclined to allow this application
at such belated stage. However, since the Applicant's sentence is
almost getting over and the record and proceedings are received
by the Court, I am directing that the Appeal be decided finally at
the earliest. Therefore, add this Appeal for final hearing at the
bottom of the admission board on 24/02/2023.
8. With these observations, the application is rejected and
disposed of.
(SARANG V. KOTWAL, J.)
