Bombay High Court
Shivaji @ Shivshankar Bankat Ambekar vs The State Of Maharashtra on 28 November, 2023
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2023:BHC-AUG:25044-DB
-1- Cri.Appln.2677.2023 & Cri.Appln.2689.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2677 OF 2023
IN
CRIMINAL APPEAL NO. 485 OF 2023
1. Sudhakar Bankat Ambekar,
Age: 40 years, Occu. : Agri.,
2. Balasaheb Vyankat Ambekar,
Age : 40 years, Occu. : Agri.,
Both R/o. Hipparga, Tq. Ausa,
Dist. Latur. ... Applicants.
Versus
The State of Maharashtra ... Respondent.
WITH
CRIMINAL APPLICATION NO. 2689 OF 2023
IN
CRIMINAL APPEAL NO. 485 OF 2023
. Shivaji @ Shivshankar Bankat Ambekar,
Age: 32 years, Occu. : Agri.,
R/o. Hipparga, Tq. Ausa,
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
-2- Cri.Appln.2677.2023 & Cri.Appln.2689.2023
ORDER (PER ABHAY S. WAGHWASE, J.) :
1. Applicants - convicts for offences under sections 302,
324, 323 read with section 34 of Indian Penal Code (IPC) in
Sessions Case No. 55 of 2018 passed by Learned Additional
Sessions Judge, Latur have preferred appeal bearing Criminal
Appeal No. 485 of 2023 questioning the legality, sustainability and
maintainability of the judgment and by way of instant applications
have prayed for suspension of sentence and grant of bail during
pendency of appeal.
2. Learned counsel for applicants-convicts would submit
that, incident in question is said to be fall out of civil dispute, but
details of the same have not come on record. According to him, the
genesis has not been proved by the prosecution. That, there are
allegations of assault by articles like axe, iron pipe and stick. That,
almost all injuries are abrasion injuries. Deceased died while
undergoing treatment. Applicants have a good case on merits in
appeal. That, learned trial court has not considered the defence
case in proper perspective and therefore they have every hope of
succeeding in appeal. He emphasized that, the role attributed to
accused Balu is merely about use of stick. According to him, appeal
has been filed recently and it would take a long time for its hearing
and decision and till then he prays for suspension of sentence and
grant of bail.
-3- Cri.Appln.2677.2023 & Cri.Appln.2689.2023
3. 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 the 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. Keeping in mind above aspect, we have prima facie
gone through the depositions of witnesses in the trial court and we
have noticed that alleged occurrence has taken place on
22.6.2018. Learned counsel for applicants has fairly admitted
regarding animosity due to civil dispute. Therefore, occurrence
seems to have taken place in above backdrop. Informant is the son
of deceased Ganu and according to him while he was accompanying
his father and they were returning after completing agricultural
activity, they were intercepted by accused and assault was
mounted in the backdrop of previous dispute of agricultural land.
Informant PW1 Balaji has narrated the assault made on his father,
initially by applicants Sudhakar, Balu and applicant Shivshankar.
-4- Cri.Appln.2677.2023 & Cri.Appln.2689.2023
It transpires that, overt act attributed to Sudhakar is use of axe,
Shivshankar to be found with iron rod and Balu to be armed with
stick. Their roles are spelt out. It seems that after admission of
deceased Ganu in the rural hospital while undergoing treatment,
he expired.
5. PW3 Dr. Dharmraj Dudde, autopsy doctor, who
conducted post mortem has noticed and reproduced as many as 31
injuries on the person of Ganu while deposing in substantive
evidence as well as in PM report. Thereby deceased seems to be
mercilessly assaulted.
6. Pancha in whose presence recovery has been caused at
the instance of accused convicts has also been examined by
prosecution. Therefore, there is recovery also.
7. It is informed that accused were not on bail during the
trial. Therefore, taking into consideration above discussed
material, we do not considered it a fit case for grant of relief as
prayed. Hence, we proceed to pass following order :-
ORDER
Both the applications are hereby rejected.
(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)
Tandale
Signed by: Manoj Tandale
Designation: PA To Honourable Judge
Date: 30/11/2023 16:31:59
