Bombay High Court
Prakash Govindrao Patil vs The State Of Maharashtra on 7 August, 2024
Bench: Revati Mohite Dere, Prithviraj K. Chavan
Digitally signed
by SHAGUFTA
SHAGUFTA QUTBUDDIN
2024:BHC-AS:31760-DB
PATHAN
QUTBUDDIN
Date:
PATHAN 2024.08.09 17-IA-1651-2024.doc
11:38:05
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1651 OF 2024
IN
CRIMINAL APPEAL NO. 170 OF 2016
Prakash Govindrao Patil ... Applicant
Versus
The State of Maharashtra ... Respondent
Ms. Anjali Patil a/w Mr. Tohid Shaikh for the Applicant
Mrs. P. P. Shinde, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
WEDNESDAY, 7th AUGUST 2024
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 his aforesaid appeal.
SQ Pathan 1/5
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3 The applicant vide judgment and order dated
9th February 2016 passed by the learned Additional Sessions
Judge, Mumbai, in Sessions Case No.529/2014 has been
convicted for the offence punishable under Sections 302 of the
Indian Penal Code (`IPC') and has been sentenced to suffer
imprisonment for life and to pay a fine of Rs. 1,000/-, in default,
to suffer further rigorous imprisonment for one month.
4 Perused the papers. The prosecution case essentially
rests on three dying declarations made to PW13-Ashwini Mane
(WPSI); PW1-Shashikala Kamble (SEO); and PW16-Ananda
Landge (SEO). All the three dying declarations were recorded on
20th April 2014, within a span of half an hour i.e. between 7:00
pm to 7:30 pm. From a perusal of the evidence of the said
witnesses i.e. PW13-Ashwini Mane, PW1-Shashikala Kamble and
PW16-Ananda Landge, it appears that all the three were present
at the time when all the aforesaid three dying declarations were
recorded. The incident in question had taken place on 20 th April
SQ Pathan 2/5
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2014. According to the deceased-Sonali, her in-laws were
harassing and abusing her. It is stated that she was on the loft
(पोटमाळा) when the incident took place i.e. when the applicant
(deceased's father-in-law) along with the deceased's mother-in-
law, poured kerosene on her person and set her ablaze. It is a
matter of record that the applicant's wife was bed-ridden and was
in the bed-room on the ground floor, at the relevant time and
hence, the prosecution did not even file charge-sheet, much less,
arraigned her as an accused, despite the said dying declarations.
The allegation in the dying declarations is that the applicant and
his wife poured kerosene on the deceased and set her ablaze. No
specific overt act has been attributed to either of them. Even
otherwise, the applicant's wife was not arraigned as an accused,
despite she being named in the dying declaration, considering that
she was bed-ridden and was on the ground floor.
5 In these circumstances, the dying declarations, prima
facie, will have to be considered. The applicant is in custody for
SQ Pathan 3/5
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the last 10 years 4 months. The appeal of the applicant is also
not likely to be heard presently, considering that we are seized of
the appeals of 2014 and confirmation cases.
6 Considering the aforesaid, the application is allowed
and the applicant's sentence is suspended and he is enlarged on
bail on the following 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;
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;
17-IA-1651-2024.doc
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.
7 The application is accordingly disposed of.
8 All concerned to act on the authenticated copy of this
order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
