Bombay High Court
Sachin Daulat Bhere vs State Of Maharashtra And Anr on 19 January, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4331 OF 2022
IN
CRIMINAL APPEAL NO.1239 OF 2022
Sachin Daulat Bhere ..... Applicant
Versus
The State of Maharashtra & Anr. .... Respondents
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Ms. Mayuri Hatle, Advocate for the Applicant.
Mr. S.R. Agarkar, APP for the Respondent No.1-State.
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CORAM : SARANG V. KOTWAL, J.
DATE : 19th JANUARY, 2023
P.C. :
1. This is an application for bail pending final
disposal of the appeal preferred by the applicant, who was
the original accused No.2 in Sessions Case No.163/2018
before the Court of Sessions at Kalyan.
2. The learned Judge vide judgment and order
dated 3.10.2022 convicted the accused No.1 Vicky Bhere and
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Deshmane(PS)
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the present applicant for commission of the offence
punishable under Sections 326 read with 34, 450 read with
34 and 506 read with 34 of IPC. The major sentence
imposed on the applicant was for three years besides
imposition of fine.
3. Heard Ms. Mayuri Hatle, learned counsel for the
applicant and Shri S.R. Agarkar, learned APP for the
respondent No.1-State.
4. The prosecution case is that the incident
occurred on 19.1.2018 on account of some petty issue
during a cricket match. The allegations are that the accused
No.1 and the applicant entered the house of PW-1 Shivaji.
The applicant was carrying an iron rod. He assaulted PW-2
Narayan on his forehead. Accused No.1 Vicky gave a blow
with stick on Narayan's hand. The investigation is carried
out and the applicant along with others faced the trial.
5. Learned counsel for the applicant submitted that
the sentence imposed on the applicant is short. The incident
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had occurred on a petty issue and there was no intention to
cause a grievous injury. The applicant was on bail during
trial and he has not misused that liberty. Even after his
conviction, he was granted bail under Section 389 of Cr.P.C..
6. Learned APP opposed this application. However,
he conceded that the sentence imposed on the applicant is
short.
7. I have considered these submissions. There was
one blow attributed to the applicant. It is alleged by PW-2 in
his deposition that the applicant assaulted on his head by an
iron rod. PW-6 Dr. Madhvi deposed that there was one CLW
over the forehead and abrasion over the left forearm. The
injury had not escalated to a higher degree. The sentence
imposed on the applicant is short. He was on bail during
trial.
8. Considering all these aspects, the applicant can
be granted bail during pendency of his appeal. Hence,
following order :
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:: O R D E R ::
i. During pendency and final disposal of Criminal
Appeal No.1239/2022, the applicant is directed to
be released on bail on his furnishing P.R. bond in
the sum of Rs.30,000/- (Rupees Thirty Thousand
Only) with one or two sureties in the like amount.
ii. Interim Application is disposed of accordingly.
(SARANG V. KOTWAL, J.)
Digitally signed
by
PRADIPKUMAR
PRADIPKUMAR PRAKASHRAO
PRAKASHRAO DESHMANE
DESHMANE
Date:
2023.01.20
16:59:54 +0530
Deshmane (PS)
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