Bombay High Court
Krishnatrao Ganapati Hajare vs State Of Maharashtra on 2 March, 2023
Bench: Nitin W. Sambre, R. N. Laddha
Digitally signed
by CHITRA
SANJAY
CHITRA SONAWANE
SANJAY Date:
SONAWANE 2023.03.03
Chitra Sonawane 15:21:15 IA-683-2023inapeal-350-2016.doc
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.683 OF 2023
IN
CRIMINAL APPEAL NO.350 OF 2016
Krishnatrao Ganapati Hajare
Aged about 40 years,
Presently at Kolhapur Central Prison
Otherwise a permanent resident
of Village Hasur, Taluka: Shiroli,
District Kolhapur ...... Petitioner.
Vs.
The State of Maharashtra
(Kavathemahankal Police
Station, Sangli) ...... Respondents.
.......
Ms Shifa Khan i/by Dr.Yug Mohit Chaudhary, for the
Applicant.
Smt G.P. Mulekar, APP for the State.
........
CORAM: NITIN W. SAMBRE &
& R.N.LADDHA, JJ.
Date : 2 March 2023.
...
Order (Per R.N.Laddha) :
This is an application for suspension of sentence and
release of the Applicant on bail.
Page No. 1 of 6
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2 March 2023.
Chitra Sonawane IA-683-2023inapeal-350-2016.doc
2. The trial Court, by the judgment and order dated
01.04.2016 in Sessions Case No.198 of 2013, convicted the
Applicant along with co-accused Shahaji Bhandare and
Vithhal Hubale for the offences punishable u/Ss 302 r/w 34 of
the Indian Penal Code and sentenced them to suffer life
imprisonment.
3. It is the case of the prosecution that on 10.7.2013, all
the Accused, in furtherance of their common intention,
committed the murder of Umaji Shripati Bhanare.
4. In Niranjan Singh and Anr. Vs Prabhakar Rajaram
Kharote & Ors.1, it was observed that a detailed examination
of evidence and elaborate documentation of the merits should
be avoided while passing orders on bail applications.
5. Keeping in view the above principle, we have heard Ms
Shifa Khan, the learned Counsel appearing on behalf of the
Applicant and Mrs G.P. Mulekar, learned Additional Public
Prosecutor for the Respondent-State.
6. Miss Shifa Khan, the learned Counsel for the Applicant,
1 (1980) 2 SCC 559.
Page No. 2 of 6
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2 March 2023.
Chitra Sonawane IA-683-2023inapeal-350-2016.doc
pointed out that this is a second bail application, and the first
bail application was rejected on 3.9.2018. After that, co-
accused Shahaji Bhandare and Vithhal Hubale were enlarged
on bail by this Court on 2.1.2023 and 8.2.2023, respectively.
She submitted that the present Applicant is identically situated
as the co-accused persons who are already released on bail. It
is submitted that the Applicant has been languishing in jail for
the last eight years.
7. It is submitted that the prosecution has deliberately not
examined one Shankar Bandgar, the alleged eyewitness who
took the deceased to the hospital and interacted with him
after the incident. It is submitted that the learned trial Court
has erred in relying on the testimony of PW 1 and PW 3
despite the delay of two days in disclosing the offence to the
police. It is submitted that the dying declaration of the
deceased was not recorded even though the deceased was
well-oriented and speaking with the persons after the alleged
offence. It is submitted that failure to record the dying
declaration is fatal to the prosecution case.
8. It is submitted that the Autopsy Surgeon, in his evidence
admits that the deceased had heavily consumed alcohol. It is
Page No. 3 of 6
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2 March 2023.
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submitted that the deceased's state of intoxication contributed
to his death, and it was not wholly on account of the injuries
sustained by him.
9. It is submitted that the sticks by which the Applicant
allegedly beat the deceased were not shown to the Autopsy
Surgeon. The Autopsy Surgeon also admits that he had not
opined that the injuries caused to the deceased were possible
by means of the sticks as the same were not shown to him. It
is submitted that in the absence of an Autopsy Surgeon's
opinion as to whether the sticks could have caused the injuries
inflicted on the deceased, a conviction u/s 302 can not stand.
It is submitted that the Autopsy Surgeon admitted in his
evidence that the forcible use of sticks would cause wheal
marks, but there were no wheal marks on the body of the
deceased. It is submitted that most of the injuries were over
the back, limbs and chest and not aimed at any vital organs.
10. The learned Additional Public Prosecutor submitted that
there is sufficient evidence against the Applicant. The version
of the eyewitnesses gets corroboration from the medical
evidence. It is submitted that the deceased was brutally
murdered, and thus, the Application may be rejected.
Page No. 4 of 6
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2 March 2023.
Chitra Sonawane IA-683-2023inapeal-350-2016.doc
11. We have carefully perused the record and the judgment
of the learned trial Court.
12. It is not in dispute that the co-accused Shahaji Bhandare
and Vithhal Hubale were already enlarged on bail by this
Court. The learned APP does not dispute that the role of the
present Applicant is identical to that of the co-accused persons
who are released on bail by this Court. The Applicant has
been behind bars for more than eight years. Considering these
facts, the case for grant of bail is made out. The Application
is, accordingly, allowed in the following terms.
: ORDER :
i) During the pendency of the present Appeal, a
substantive sentence imposed upon the Applicant is
suspended, and he be released on bail on the
execution of a PR Bond of Rs.25,000/-, with one
or two solvent sureties in the like amount, to the
satisfaction of the learned trial Court.
ii) The Applicant shall remain outside the
revenue jurisdiction of the Taluka and place of the
incident.
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2 March 2023.
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iii) The Applicant shall not give threats to the
Complainant or other witnesses in the matter.
13. The interim application stands disposed of.
[ R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]
____________________________________________
2 March 2023.
