Bombay High Court
Popat Baban Jadhav vs State Of Maharashtra on 9 June, 2023
Bench: Prakash Deu Naik
2023:BHC-AS:15379
DAE 32-IA-1709-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1709 OF 2023
IN
CRIMINAL APPEAL NO. 572 OF 2023
Popat Baban Jadhav ...Applicant/Appellant
Versus
State Of Maharashtra ...Respondent
....
Mr. Hitesh Mutha appointed Advocate for Applicant/Appellant.
Ms. P. N. Dabholkar, APP for the Respondent - State.
....
CORAM : PRAKASH D.NAIK, J.
DATE : 9th JUNE, 2023.
P.C.:-
1. This is an application for suspension of sentence and grant of bail
during the pendency of criminal appeal challenging conviction.
2. The applicant is convicted for an offence punishable under Section
306 of Indian Penal Code and sentenced to suffer rigorous imprisonment for
four years vide judgment and order dated 13 th April 2022 passed by learned
Ad-hoc District Judge-1, Sangli in Sessions Case No. 113 of 2013.
3. The case of the prosecution is that the deceased was suspecting that
his wife was in illicit relationship with the applicant. He killed his wife and
then committed suicide. The prosecution case is based on suicide note
purportedly written by the deceased.
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DAE 32-IA-1709-2023.doc
4. Learned Advocate for the applicant submits that the offence under
Section 306 of IPC is not made out. The applicant was on bail during trial.
5. Learned APP submitted that, there is evidence of suicide note against
the applicant. Conviction is supported by evidence.
6. The defence of the accused is that the necessary ingredient to
constitute the offence under Section 306 of Indian Penal Code are lacking in
the present case. There is no evidence to show that at any point of time the
applicant has instigated or induced the deceased in any manner to commit
suicide. The sentence is of four years. The applicant was on bail during the
trial. It is not reported that he has misused the facility of bail.
7. considering the nature of evidence and the term of imprisonment
imposed by the trial Court, the case for suspension of sentence and grant of
bail is made out.
ORDER
(i) Interim Application No.1709 of 2023 is allowed.
(ii) The substantive sentence of imprisonment imposed vide judgment
and order dated 13th April 2022 passed by learned Ad-hoc District Judge-1,
Sangli in Sessions Case No.113 of 2013 is suspended and the applicant is
directed to be released on bail on executing PR bond in the sum of
Rs.25,000/- with one or more sureties in the like amount.
(iii) The Applicant is permitted to furnish cash bail security in the sum of
Rs. 25,000/- for a period of 8 weeks in lieu of surety.
DAE 32-IA-1709-2023.doc
(iv) The applicant shall report concerned police station once in six months
on first Saturday of the month between 11.00 am to 01.00 p.m. till final
disposal of the Appeal.
(v) Interim Application stands disposed off.
(PRAKASH D. NAIK, J.)
