Prakash @ Munna Hanumant Kutake vs State Of Maharashtra
2023 Latest Caselaw 2051 Bom

                            bipin prithiani
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                                                                                         40-ia-798.22.doc


BIPIN
DHARMENDER
             Digitally signed by
             BIPIN DHARMENDER
             PRITHIANI
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRITHIANI    Date: 2023.03.02
             16:56:19 +0530
                                         CRIMINAL APPELLATE JURISDICTION

                                              INTERIM APPLICATION NO. 798 OF 2022
                                                             IN
                                                CRIMINAL APPEAL NO. 775 OF 2022

                            Prakash @ Munna Hanumant Kutake                     ...     Applicant
                                   Versus
                            State of Maharashtra                                ...     Respondent
                                                            ******
                            Mr. Irfan A. Shaikh for the Applicant.
                            Mrs. M. M. Deshmukh, APP for the Respondent-State.
                                                            ******
                                                           CORAM: NITIN W. SAMBRE AND
                                                                  R. N. LADDHA, JJ.

                                                           DATE      : 1st MARCH, 2023

                            P.C. :-
                            .         In Sessions Case No. 647 of 2013, the applicant came to be

convicted vide judgment and order dated 12th November, 2019 and is sentenced to life imprisonment.

2. While trying to make out a case for suspension of sentence and bail, counsel for applicant Mr. Irfan A. Shaikh, would urge that the prosecution story has narrated and sought to be established does not repose confidence as the guilty of the applicant is not proved beyond doubt. According to him, the applicant alleged to have killed his wife which event was witnessed by PW6, his own son and a neighbour PW1 complainant. He would urge that, even otherwise, the applicant has almost completed ten years of imprisonment as his date of arrest is 3 rd May, 2013.

bipin prithiani

40-ia-798.22.doc

3. We have appreciated the evidence of PW1-the complainant neighbour-Shalan Dhotre, so also evidence of PW6-son of the applicant and deceased namely Krushna Kutke. PW1 has specifically stated that at the time of the incident PW6 was taking meal along with her son at her place. Apart from above, there are material contradictions in the testimony of PW1, PW6 and PW9.

4. The fact remains that the applicant has already completed 9 years of his incarceration. In view of judgment of Apex Court in the matter of Suleman v/s. State of Uttar Pradesh delivered in Miscellaneous Application No. 764 of 2022 in Criminal Appeal No. 491 of 2022 decided on 15th September, 2022, we deem it appropriate to exercise the jurisdiction under Section 389(1) of the Code of Criminal Procedure. The application as such stands allowed.

5. The applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

6. The applicant shall not contact the witnesses in any manner.

7. It is further directed that the applicant shall attend the concerned Police Station in first week of every English calendar month, as he was shown to have been absconded from the date of incident i.e. 27 th December, 2008, till the date of his arrest i.e. 3rd May, 2013.

8. Application is allowed in above terms.

  [R. N. LADDHA, J.]                               [NITIN W. SAMBRE, J.]