Bombay High Court
Ajay Dinkar Pisal vs The State Of Maharashtra on 28 November, 2023
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2023:BHC-AUG:25043-DB
-1- Appln.3254.2023 & Appln.3255.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3254 of 2023
IN
CRIMINAL APPEAL NO. 800 OF 2023
Ajay Dinkar Pisal,
Age : 29 years, Occu. : Nil,
R/o. Vikramnagar, Latur,
Tq. & Dist. Latur. ... Applicant.
Versus
The State of Maharashtra ... Respondent.
WITH
CRIMINAL APPLICATION NO. 3255 OF 2023
IN
CRIMINAL APPEAL NO. 800 OF 2023
Vijay Dinkar Pisal,
Age : 28 Years, Occu. Lab. Assistant,
R/o. Vikramnagar, Latur,
Tq. & Dist. Latur. ... Applicant.
Versus
The State of Maharashtra ... Respondent.
...
Mr. Satej S. Jadhav, Advocate for Applicants.
Mr. S. D. Ghayal, APP for Respondent - State.
...
CORAM : SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATED : 28th NOVEMBER, 2023
ORDER (PER ABHAY S. WAGHWASE, J.) :
1. Instant applications are by both convicts in Sessions
Case No. 10 of 2021 for offences punishable under sections 302
-2- Appln.3254.2023 & Appln.3255.2023
and 307 of Indian Penal Code (IPC) praying for suspension of
sentence and grant of bail during pendency of appeal preferred by
them.
Though both applicants are convicted by way of same
judgment, they seem to have preferred distinct applications raising
above prayers.
2. In favour of relief, learned counsel for applicants would
point out that, above conviction is in absence of cogent, reliable and
trustworthy evidence. That, alleged occurrence has taken place on
25.10.2020. According to him, deceased i.e. son of informant went
to spend night in the house of his friend namely, Mohit (PW3).
That, FIR is lodged on the basis of information of such witness and
on the basis of hearsay information. He would further submit that
there are allegations that while in the house of PW3 Mohit, there
was some telephonic talk between PW3 Mohit and applicant
convict Ajay and PW3 Mohit was called to the house and therefore
this witness and deceased accordingly went their. It is pointed out
that, in fact, Ashok had nothing to do with the alleged relations
between PW3 Mohit and the girl. That, applicant Ajay had called
his brother applicant Vijay, who came armed with knife and rushed
over PW3 Mohit, but when deceased Ashok intervened, it is
submitted that, he suffered blow and died. According to learned
-3- Appln.3254.2023 & Appln.3255.2023
counsel, applicants had no intention to kill nor there was any
animosity with deceased Ashok. That, electronic evidence i.e.
CCTV footage shows otherwise and has also been discarded by
learned trial Court.
3. Learned counsel would strenuously submit that, even
otherwise, main allegations are against Vijay for using knife, there
is no role attributed to applicant Ajay. However, even he is roped
in and convicted, and therefore, appeal has been preferred in
which there is every hope of succeeding. Lastly, it is submitted
that, much more time would be required to hear the appeal and till
then it is prayed that relief as prayed be granted.
4. In the light of above submissions, we have dealt with
the papers placed before us. We are at this stage merely dealing
with entitlement of applicants bail and suspension of sentence.
There is no straitjacket formula or defined set of guidelines
regarding considerations to be borne in mind while granting above
prayer. However, it is fairly settled that parameters like gravity of
the offence and circumstances in which incident had taken place,
nature of injury, weapon used, prospects of succeeding in appeal
are some of the factors which are required to be kept in mind while
suspending sentence and granting bail.
-4- Appln.3254.2023 & Appln.3255.2023
5. Admittedly, here, as pointed out FIR is by father of
deceased, who is not a party to the occurrence. On receipt of
information from one Suraj Ghute, who is a friend of his deceased
son, PW1 Shivaji went and learnt about the occurrence. Deceased
Ashok seems to have died due to hemorrhagic shock due to
multiple injuries. There is evidence of medico legal expert in the
form of PW9 Dr. Dhanraj Dudde, who conducted PM.
6. PW3 Mohit seems to be star witness and also an
injured. His evidence prima facie shows that alleged occurrence
had taken place on the night of 25.10.2020. His evidence suggests
that, he was acquainted with a girl taking education along with him
and their acquaintance grew into an affair. This witness claims
that, it was subsequently revealed that the girl was also talking
with applicant convict Ajay and in that backdrop some telephonic
talk seems to have taken place between PW3 Mohit, the girl as well
as convict Ajay.
7. According to PW3 Mohit, Ajay called him in his house
and as deceased Ashok was at his house for a sleepover, deceased
also accompanied PW3 Mohit to the house of Ajay and their some
incidence seems to have taken place between PW3 Mohit and
convict Ajay, who summoned his brother Vijay, who allegedly came
-5- Appln.3254.2023 & Appln.3255.2023
armed with knife during scuffle and tussle took place between Ajay
and PW3 Mohit. Deceased tried to intervene and at that time it
seems that Vijay, who was armed with knife mounted assault on
Ashok, i.e. on throat, chest and thigh. Convict Vijay also inflicted
blow on PW3 Mohit with knife.
8. It is tried to be submitted that, there was no intention
or motive to kill Ashok. There is no enmity between applicants and
deceased, however, unfortunately, on his intervention he has
suffered injury. That, even otherwise main role is attributed to
Vijay and not Ajay.
9. Evidence of PW3 Mohit unfolds the sequence of
occurrence. There is substance in the arguments that only when
deceased Ashok intervened, blow was inflicted with knife, but by
Vijay and not by Ajay. It also prima facie seems that even Ajay has
subsequent to the occurrence helped in lifting and shifting
deceased to the hospital.
10. Therefore, taking such material into consideration, in
our opinion, convict Ajay deserves relief as prayed. However,
though convict Vijay had no intention to kill Ashok, taking into
consideration the manner of assault, the circumstances in which
-6- Appln.3254.2023 & Appln.3255.2023
the incident took place, nature of injuries, weapon, we are not
inclined to extend any relief to such convict and therefore his
application deserves to be rejected. Hence, we proceed to pass
following order :-
ORDER
i) Criminal Application No.3254 of 2023 stands allowed
and disposed of.
ii) The substantive sentence imposed against the applicant
- Ajay S/o Dinkar Pisal in Sessions Case No.10 of 2021
by learned Additional Sessions Judge, Latur, on
17.08.2023 stands suspended till the hearing and
disposal of Criminal Appeal No.800 of 2023.
iii) The applicant Ajay S/o Dinkar Pisal be released on P.R.
Bond of Rs.30,000/- with two solvent sureties of
Rs.15,000/-.
iv) The applicant shall not commit any criminal activity.
v) The applicant shall remain present before the learned
trial Judge once in six months, till final hearing and
disposal of the appeal, commencing from the date they
tender bail papers and thereafter, the trial Judge to fix
dates for their subsequent appearance.
vi) In case of two consecutive defaults on the part of the
applicant to remain present before the trial Court, the
trial Court to inform this Court about the same and in
-7- Appln.3254.2023 & Appln.3255.2023
that eventuality, the prosecution would be at liberty to
file an application for cancellation of the bail granted to
the applicant.
vii) Bail before the trial Court.
viii) Criminal Application No.3255 of 2023 stands rejected.
(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)
Tandale
Signed by: Manoj Tandale
Designation: PA To Honourable Judge
Date: 30/11/2023 16:28:58
