Bombay High Court
Sandip Sukat Chouhan vs State Of Maharashtra on 4 October, 2023
Bench: R.P. Mohite-Dere, Gauri Godse
Digitally
signed by
SHAGUFTA
2023:BHC-AS:29135-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 16-IA-1823-2023.doc
2023.10.05
10:36:00
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1823 OF 2023
IN
CRIMINAL APPEAL NO. 298 OF 2023
Sandip Sukat Chouhan ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Shirish Gupte, Sr. Advocate a/w Mr. Kunal Pednekar and
Mr. Divesh Mehani i/b Mr. Abiket Vagal for the Applicant
Mrs. P. P. Shinde, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
WEDNESDAY, 4th OCTOBER 2023
P.C :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks suspension of
his sentence and enlargement on bail, pending the hearing and
final disposal of the appeal.
SQ Pathan 1/6
::: Uploaded on - 05/10/2023 ::: Downloaded on - 06/10/2023 05:24:01 :::
16-IA-1823-2023.doc
3 The applicant, along with other two co-accused, has
been convicted and sentenced, vide judgment and order dated
14th February 2023, passed by learned Additional Sessions Judge,
Nashik, in Sessions Case No. 65/2021, as under:
- for the offence punishable under Section 302 of the
Indian Penal Code, to suffer rigorous imprisonment for
life and to pay fine of Rs.2,000/- each, in default, to suffer
rigorous imprisonment for 3 years.
4 Learned senior counsel for the applicant submits that
the role of the applicant is similar to that of co-accused No.2-
Sanjay Chouhan, whose sentence has been suspended and who
has been enlarged on bail by this Court vide order dated 27 th
April 2023 passed in Interim Application No. 1529/2023. He
submits that although there are eye-witnesses to the alleged
incident of assault on the deceased, it is pertinent to note that the
SQ Pathan 2/6
::: Uploaded on - 05/10/2023 ::: Downloaded on - 06/10/2023 05:24:01 :::
16-IA-1823-2023.doc
incident has taken place at the spur of the moment, as is revealed
from the evidence of the eye-witnesses. He submits that the
incident is alleged to have taken place on 14 th November 2020,
whereas, the FIR was lodged after two days, i.e. on 16 th
November 2020 and the deceased succumbed to the injuries on
18th November 2020, after about four days of the incident. He
submits that the role of the applicant is similar to that of Sanjay
Chouhan, original accused No.2, who is also alleged to have
assaulted the deceased with a wooden bat, on his head. He
submits that at the highest, the offence would be a lesser offence
and not under Section 302, having regard to the manner in which
the alleged incident has taken place. He submits that there was
no real motive for the applicant to cause the death of the
deceased.
5 Learned A.P.P does not dispute the fact that the role
of the applicant is similar to that of Sanjay Chouhan, whose
sentence has been suspended and who is enlarged on bail.
SQ Pathan 3/6
::: Uploaded on - 05/10/2023 ::: Downloaded on - 06/10/2023 05:24:01 :::
16-IA-1823-2023.doc
6 Perused the papers. There are four eye-witnesses to
the alleged incident of 14th November 2020 and one of the
witness is the wife of the deceased. The role attributed to the
applicant is that of assault with a wooden bat on the head of the
deceased along with co-accused-Sanjay Chouhan. From a
perusal of the evidence of the eye-witnesses, it appears that the
incident has taken place at the spur of the moment and does not
appear to be a pre-meditated act. It also appears that the
deceased succumbed to his injuries after four days of the incident
i.e. on 18th November 2020.
7 Considering the aforesaid and the fact that the
aforesaid appeal is of the year 2023 and is not likely to come up
for hearing in the immediate near future, the application is
allowed and the applicant's sentence is suspended and he is
enlarged on bail, pending the hearing and final disposal of his
appeal, on the following terms and conditions :-
SQ Pathan 4/6
::: Uploaded on - 05/10/2023 ::: Downloaded on - 06/10/2023 05:24:01 :::
16-IA-1823-2023.doc
ORDER
(i) The applicant be enlarged on bail, on furnishing
P.R. Bond in the sum of Rs. 15,000/- with one or two local
solvent sureties in the like amount;
(ii) The applicant shall report to the trial Court,
once in three months on the day/date specified by the trial
Court, till his 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.
SQ Pathan 5/6
16-IA-1823-2023.doc
8 The application is disposed of accordingly.
9 All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
SQ Pathan 6/6
