Bombay High Court
Ravikant Motiram Patil vs State Of Maharashtra on 27 September, 2023
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1028 OF 2023
WITH
INTERIM APPLICATION NO. 3377 OF 2023
IN
CRIMINAL APPEAL NO. 1028 OF 2023
Ravikant Motiram Patil .. Appellant
Versus
State of Maharashtra .. Respondent
...
Mr.Shantanu Phanse i/b Mr. Nilesh Navale, for the
appellant/applicant.
Mr. S.R. Agarkar, APP for the State.
CORAM: BHARATI DANGRE, J.
DATED : 27th SEPTEMBER, 2023
P.C:-
1 Appeal admit.
2 Learned APP waive notice for State.
3 Call for Record and Proceedings.
Interim Application No.3377 of 2023
4 On the appeal being admitted, the application filed
by the appellant seeking suspension of sentence imposed in
Sessions Case No. 127 of 2013 and for his release on bail is
taken up for hearing.
5 Heard Mr. Shantanu Phanse for the applicant and
learned APP, Mr. Agarkar, for the State.
I have perused the impugned judgment and the
copies of the depositions placed on record.
Ashish
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In Sessions Case No. 127 of 2013, total 13 accused
faced the charge under Sections 307, 143, 147, 148, 336, 337,
338, 504, 323, 506 r/w 149 of IPC. The impugned judgment has
acquitted accused nos. 2 to 13 of the offences punishable under
Section 307, 323, r/w 149 of IPC. The applicant, i.e. accused
no.1 is convicted for committing an offence punishable under
Section 307 and he is sentenced to suffer RI for three years and
to pay fine of Rs. 5000/-, in default to undergo SI for six
months. He also stand convicted for committing an offence
under Section 323 and on that count he is sentenced to suffer RI
for three months, with a default sentenced also being imposed.
6 Mr. Phanse have invited my attention to the evidence
of the three injured witnesses PW-1, PW-3 and PW-4.
PW-1, Rajesh in the examination in chief has
categorically deposed that he saw Ravikant Patil taking out the
chopper from his vehicle by which he mounted an assault on
him, whereas other people present there assaulted by means of
wooden stick and iron rod as well as they pelted stones. He has
deposed that even Nilesh sustained injuries.
However, in the cross-examination, he admit that he
did not actually witnessed Ravikant opening his car and his
version in the cross-examination is stones were pelted from the
two groups against each other and he sustained injuries by the
stone, along with Nilesh and was not aware as to who had hit
him. In cross-examination, he admit that the applicant arrived at
the spot to pacify the quarrel and to establish a dialogue between
the two groups, which had indulged into a fight two days back.
Ashish
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His injury Certificate reflect that he has sustained grievous
injuries with an history being given of assault by Chopper (sharp
weapon).
PW-3 another injured Nilesh Chandrakant Bhoir also
testified that Ravikant had mounted assault on Ananta Bhoir by
Chopper and he even assaulted him on his back, head and
shoulders and when Rajesh Bhoir came for rescue, he was also
assaulted by Ravikant. In the cross-examination his version is
similar to PW-1, where he deposed that Ravikant had come there
to resolve the dispute and stones were pelted and he is not
aware, as to who pelted the stones. He deny the suggestion that
he is making the false statement that Ravikant had assaulted him
as well as Rajesh.
Similar is the position as regards the testimony of
PW-4 Nilesh Ananta Bhoir, when he contradict his statement
given to the police.
The testimony of these witnesses require a deeper
scrutiny. The PW-10 another eye witness, has attributed a
specific role to the present applicant and though he says that he
also sustained the minor injury, when in the witness box, he has
assigned a specific role to the present applicant, of assaulting by
means of a chopper.
7 The discrepancy in the version of the prosecution
witnesses according to the learned counsel Mr. Phanse appearing
for the applicant has grossly affected their credibility and goes to
root of the case. In any case when 12 other accused persons have
been acquitted, the evidence will have to be scrutinized
Ashish
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minutely along with the evidence of the investigating officer,
who has recorded their statements during the course of
investigation. The obvious inconsistency in the version of the
prosecution case entitle the applicant for the relief prayed in the
application, for suspension of sentence and his release on bail.
During the pendency of the appeal, the sentence
imposed by the vide impugned judgment dated 17/08/2023, on
the present applicant is suspended. He is entitled to be released
on bail on the following stipulations:-
ORDER
(a) Application is allowed.
(b) Applicant - Ravikant Motiram Patil shall be
released on bail in connection with Sessions Case No. 127 of
2012 on furnishing P.R. Bond to the extent of Rs.25,000/- with
one or more sureties in the like amount.
(c) The applicant shall mark his attendance before the
concerned police station once in every three months.
(d) The applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing the
facts to Court or any Police Officer. The appellant shall not
tamper with evidence.
(e) On being released on bail, the applicant shall give his
contact number and residential address to the Investigating
Officer and shall keep him updated, in case there is any change.
( SMT. BHARATI DANGRE, J.)
Ashish
