Bombay High Court
Jaywant Narayan Shinare vs State Of Maharashtra on 31 March, 2023
Bench: R.P. Mohite-Dere, Sharmila U. Deshmukh
NISHA
2023:BHC-AS:10091-DB
Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2023.04.03 18:41:31
CHITNIS +0530
36-ia.708.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.708 OF 2023
IN
CRIMINAL APPEAL NO.162 OF 2016
Jaywant Narayan Shinare ...Applicant
(ori. Appellant/Accused No.2)
Versus
The State of Maharashtra ...Respondent
Mr. Shirish Gupte, Senior Advocate, Ms. Pooja Sejpal and Ms. Akshata
Desai, i/b Mr. Nitin Sejpal, for the Applicant.
Ms. P. P. Shinde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : 31st MARCH 2023
P.C. :
1. Heard learned counsel for the parties.
2. By this application, the applicant (original accused No.2)
seeks suspension of his sentence and enlargement on bail, pending
the hearing and final disposal of the aforesaid appeal.
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3. The applicant alongwith other co-accused, vide Judgment
and Order dated 20th January 2016, passed by learned Additional
Sessions Judge, Raigad-Alibag in Sessions Case No. 98 of 2012, has
been convicted and sentenced as under:-
- for the offence punishable under Section 302 r/w 149 of the
Indian Penal Code, to suffer life imprisonment and to pay a fine of
Rs.5,000/- each, in default, to suffer further rigorous imprisonment
for 2 months;
- for the offence punishable under Section 147 r/w 149 of the
Indian Penal Code, to suffer rigorous imprisonment for 1 year and
to pay a fine of Rs.500/- each, in default, to suffer further rigorous
imprisonment for 1 month;
- for the offence punishable under Section 148 r/w 149 of the
Indian Penal Code, to suffer rigorous imprisonment for 1 year and
to pay a fine of Rs.500/- each, in default, to suffer further rigorous
imprisonment for 1 month;
All the sentences were directed to run concurrently.
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4. Learned senior counsel for the applicant seeks bail on the
ground of parity. He submits that infact the applicant stands on a
better footing than that of co-accused - Bharat Ravji Shinare, whose
sentence has been suspended and who has been enlarged on bail vide
order dated 1st February 2023. Learned senior counsel relied on the
said order dated 1st February 2023, which is at Exhibit - C, on page
28 of the aforesaid application.
5. Perused the papers as well as the order dated 1 st February
2023, enlarging the co-accused - Bharat Ravji Shinare (original
accused No.1) on bail. According to the prosecution, it is co-accused
- Bharat Shinare, who assaulted the deceased with a sword on his
head. It is alleged that at the relevant time, the applicant who was
armed with a sickle, assaulted the deceased on his legs. Admittedly,
the recovery evidence has not been relied upon, inasmuch as, the
weapon was not found to be blood stained, as reflected from the
report of the Chemical Analyst. The cause of death, as reflected in the
postmortem, is stated to be 'Head injury, polytrauma, haemorrhage
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and shock'. Admittedly, co-accused - Bharat Shinare, (original
accused No.1), who allegedly assaulted the deceased with a sword on
his head, has been enlarged on bail and his sentence has been
suspended by this Court vide order dated 1 st February 2023. The
applicant like co-accused - Bharat Shinare, is in custody for almost
10 years. The appeal is of the year 2016 and the same is not likely to
come up for the hearing in the immediate near future.
6. Considering the aforesaid and having regard to the order
passed by this Court in the Interim Application filed by co-accused -
Bharat Shinare, the application is allowed and the applicant's sentence
is suspended and he is enlarged on bail, pending the hearing and final
disposal of the aforesaid appeal, on the following terms and
conditions:-
ORDER
i) The applicant be enlarged on bail on furnishing P.R.Bond
in the sum of Rs.25,000/- with one or two sureties in the like amount;
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ii) The applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till the appeal is
finally disposed of;
iii) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before
the trial Court, the learned Judge shall make a report to the High
Court and the prosecution would be at liberty to file an application
seeking cancellation of bail.
7. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
8. All concerned to act on the authenticated copy of this
order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
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