Bombay High Court
Chhaya Pandurantg Solankar And ... vs State Of Maharashtra on 3 May, 2023
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 528 Of 2023
WITH
INTERIM APPLICATION NO. 1713 OF 2023
IN
CRIMINAL APPEAL NO. 528 OF 2023
Chhaya Pandurang Solankar and anr .. Appellants
Versus
The State of Maharashtra .. Respondent
...
Mr. Datta Mane with Mr.Sarkar Maruti for the appellant/
applicant.
Mr. Y.M. Nakhawa, APP for the State.
CORAM: BHARATI DANGRE, J.
DATED : 3rd MAY, 2023
P.C:-
Appeal No.528/2023
1 Heard. Admit.
Call for Record and Proceedings.
IA No.1713/2023
2 By the present application, the applicant/appellant
being charged as accused nos.3 and 4 seek suspension of sentence
imposed upon them by the Addl. Sessions Judge, Malshiras in
Tilak
2/4 18 APEAL 528-23.doc
Sessions Case No.36/2013. They also seek their release on bail
on the ground that on finding them guilty of committing an
offence punishable u/s. 201 r/w Section 34 IPC, a fixed sentence
of two years have been imposed upon them.
3 Heard learned counsel for the appellant and perused
the impugned judgment.
Pertinent to note that it is the case of the prosecution
that one Kavita was done to death and her last rites were
performed in a great hurry. The prosecution allege that six
months prior to the incident, she had eloped with one man and
returned after 10 to 15 days, and she was keen that she would
solemnize marriage with the said person only. It is alleged that
the family members restrained her from going outside and from
establishing any contact with the outside world.
4 In this background, she was found to be dead and her
body was cremated with a projection that she died of an heart
attack. The charge was framed against 10 accused persons, one of
whom expired during the trial and the present applicants were
arraigned as accused nos.3 and 4. They came to be charged for
causing elimination of certain evidence, since the body of the
deceased Kavita was cremated with an intention of screening the
accused nos.1 to 3 from legal punishment and therefore, they
were charged for committing an offence punishable u/s.201 of
IPC.
Tilak
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5 The impugned judgment, on appreciation of
evidence, contain a specific finding that it is the accused nos.1 and
2 who killed Kavita and the present applicants i.e. accused nos.3
and 4, knowing well that she was killed by accused nos.1 and 2,
assisted them. As far as the remaining accused persons i.e.
accused nos.5 to 10, are concerned, the learned Judge recorded
that there was no evidence to convict them.
The conviction of the present applicants is u/s.201
r/w Section 34 IPC, and they have been sentenced to suffer two
years rigorous imprisonment.
It is informed by the counsel for the applicant that
since the date of pronouncement of the judgment i.e. 24/3/2023,
they are incarcerated, and apart from this, on being arrested on
10/12/2023, they came to be released on 16/4/2013, and
therefore, they have undergone imprisonment for almost two
months as an under-trial prisoner.
6 Considering the limited role attributed to the present
applicants and the fact that they have been charged for only
u/s.201 of IPC and accordingly, imprisonment of two years has
been imposed, with the Appeal filed by the appellants being
pending for adjudication, I deem it appropriate to grant the
application filed for suspending the sentence and securing their
release on bail.
Tilak
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Hence, Interim Application is allowed by suspending
the sentence imposed upon the applicants under the impugned
judgment. The applicant no.1 Sou. Chhaya Pandurang Solankar
and applicant no.2 Sou. Sangita Vitthal Sule, shall be released on
bail on furnishing surety in the sum of Rs.25,000/- each with one
or two sureties in the like amount.
IA stands disposed off.
( SMT. BHARATI DANGRE, J.)
Tilak
