Bombay High Court
Yashwant Ramchandra Khamkar vs State Of Maharashtra And Anr on 1 August, 2024
Bench: Revati Mohite Dere, Prithviraj K. Chavan
NISHA
2024:BHC-AS:30854-DB Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2024.08.03
CHITNIS 13:03:32 +0530
32-ia.1156.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1156 OF 2024
IN
CRIMINAL APPEAL NO.399 OF 2024
Yashwant Ramchandra Khamkar ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Kedar Patil a/w Mr. Pratik G. Tare, for the Applicant.
Mr. K. V. Saste, Addl.P.P for the Respondent No.1-State.
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 1st AUGUST 2024
P.C. :
1. Heard learned Counsel for the parties.
2. By this interim application, the applicant seeks suspension
of his sentence and enlargement on bail, pending the hearing and final
disposal of his aforesaid appeal.
3. The applicant alongwith other co-accused, vide Judgment
and Order dated 25 th August 2023, passed by learned Additional
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Sessions Judge, Pune, in Sessions Case No. 20 of 2012, has been
convicted and sentenced as under:-
- for the offence punishable under Section 302 of the Indian Penal
Code, to suffer life imprisonment and to pay a fine of Rs.10,000/-, in
default, to suffer simple imprisonment for 1 year;
- for the offence punishable under Section 120B of the Indian
Penal Code, to suffer life imprisonment and to pay a fine of
Rs.10,000/-, in default, to suffer simple imprisonment for 1 year;
- for the offence punishable under Section 149 of the Indian Penal
Code, to suffer life imprisonment and to pay a fine of Rs.10,000/-, in
default, to suffer simple imprisonment for 1 year;
- for the offence punishable under Section 364 of the Indian Penal
Code, to suffer life imprisonment and to pay a fine of Rs.5,000/-, in
default, to suffer simple imprisonment for 6 months;
- for the offence punishable under Section 201 of the Indian Penal
Code, to suffer imprisonment for 1 year and to pay a fine of
Rs.2,000/-, in default, to suffer simple imprisonment for 1 month;
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- for the offence punishable under Section 143 of the Indian Penal
Code, to suffer imprisonment for 6 months;
- for the offence punishable under Section 147 of the Indian Penal
Code, to suffer imprisonment for one year;
- All the aforesaid sentences were directed to run concurrently.
4. Perused the application. Admittedly, the prosecution case
rests on circumstantial evidence According to the prosecution, a
conspiracy was hatched by the accused to kill deceased-Pratik, as
accused No.1-Pravin wanted to marry Ritika. According to the
prosecution, the evidence qua the applicant, is that of exchange of
calls between the applicant and the other co-accused i.e. evidence of
CDR.
5. Learned counsel for the applicant submits that except the
evidence of CDR, there is no other evidence to connect the applicant
with the alleged offence. He submits that infact PW16-Dhananjay
Yadav, the Nodal Officer, has in his evidence deposed that the mobile
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in question from which the calls were allegedly exchanged between
the applicant and the co-accused was on a mobile registered in the
name of one Rajankeet Nagare and not in the name of the applicant.
He submits that apart from the said evidence, there is no other
evidence against the applicant.
6. Learned Additional Public Prosecutor does not dispute
that except the CDR, there is no other material to connect the
applicant with the alleged offence.
7. Considering the aforesaid, 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. 25,000/- with one or two sureties in the like
amount;
32-ia.1156.2024.doc
ii) The applicant shall report to the trial Court, once in six
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.
8. Interim Application is allowed in the aforesaid terms and is
accordingly disposed of.
All concerned to act on the authenticated copy of this order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
