Bombay High Court
Umesh Tanaji Satpute vs State Of Maharashtra And Anr on 19 October, 2023
Bench: R.P. Mohite-Dere, Gauri Godse
Digitally
signed by
SHAGUFTA
2023:BHC-AS:31475-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 8-ia-517-2023.doc
2023.10.20
14:31:40
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 517 OF 2023
(For Suspension of Sentence and Bail)
IN
CRIMINAL APPEAL NO. 238 OF 2023
Umesh Tanaji Satpute ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
Ms. Manisha Devkar, Appointed Advocate for the Applicant
Mr. V. B. Konde Deshmukh, A.P.P for the Respondent No.1-State
None for the Respondent No. 2
CORAM : REVATI MOHITE DERE &
GAURI GODSE, JJ.
THURSDAY, 19th 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 aforesaid appeal.
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3 The applicant, vide judgment and order dated 21 st
May 2022, passed by learned Special Judge, Fast-Tract Court,
Khed-Rajgurunagar, District Pune, in Sessions Case No.
15/2016, has been convicted and sentenced as under:
- for the offence punishable under Section 302 of the
Indian Penal Code, to suffer imprisonment for life and
to pay fine of Rs.10,000/-, in default, to suffer simple
imprisonment for 1 year.
4 Perused the papers. Admittedly, the prosecution case
rests on circumstantial evidence i.e. motive; last seen and
recovery of weapon i.e. knife and blood-stained clothes. As far
as evidence of last seen is concerned, the prosecution has
examined PW 13-Bebi Dhondibhau Rakshe. Admittedly, the
statement of the said witness was not recorded during the course
of investigation. It also appears that infact, the statement of her
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husband who subsequently expired, was recorded both under
Section 161 and 164 of the Code of Criminal Procedure. A
perusal of the cross-examination of PW 13-Bebi Rakshe, shows
that she learnt of the applicant killing his mother-in-law through
the discussion amongst people. She has further, in her cross-
examination, stated that she was not aware of the personal life
of the applicant and that on the day of the incident, the
applicant had come with his mother-in-law as well as his mother,
on the same day.
5 Apart from the said evidence, the prosecution has
examined PW 2-Tushar Gorde, son of the deceased and
complainant, to prove motive. A perusal of the cross-
examination of the said witness i.e. PW 2 shows that the
applicant's wife did not want to stay with the applicant but
instead, wanted to live with one Prashant Gopale and that infact,
the deceased was opposed to her daughter i.e. applicant's wife,
staying with said Prashant Gopale, since she was married.
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6 As far as recovery of blood-stained knife and clothes
are concerned, the blood group has not come on record. The
Chemical Analyser's report only shows that it is human blood.
The applicant is in custody since 7th October 2015.
7 Overall considering the evidence on record and the
fact that the applicant is incarcerated since 7 th October 2015,
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.15,000/- with one or two
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 the appeal is finally disposed of;
iii) The applicant shall keep the trial Court
informed of his current address and mobile contact
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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.
8 The Application is disposed of in the aforesaid terms.
9 Learned A.P.P to forthwith communicate the above
order to the Superintendent of Yerwada Central Jail, who, in
turn, shall explain the operative part of the order to the
applicant.
10 On receipt of copy of this order, the Superintendent
of Yerwada Central Prison, to take steps to produce the
applicant before the concerned Court, to enable the applicant to
furnish P.R. Bond in the sum of Rs.15,000/-.
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11 Stand over to 8th November 2023. To be listed under the
caption `for compliance'.
12 We would like to record a word of appreciation for the
able assistance provided by Ms. Manisha Devkar, as an Appointed
Advocate for the Applicant.
13 High Court Legal Services Committee to award fees of the
learned appointed advocate, as per Rules.
14 All concerned to act on the authenticated copy of this
order.
GAURI GODSE, J. REVATI MOHITE DERE, J.
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