Bombay High Court
Ronin Manik Sarkar vs The State Of Maharashtra And Anr on 12 August, 2024
Bench: Revati Mohite Dere, Prithviraj K. Chavan
2024:BHC-AS:32675-DB 24-IA-2505-2022.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2505 OF 2022
(For Bail and Suspension of Sentence)
IN
CRIMINAL APPEAL NO.776 OF 2022
Ronin Manik Sarkar ] Applicant
Vs.
The State of Maharashtra and another ] Respondents
.....
Mr. Satyavrat Joshi a/w Mr. Samay Pawar and Mr. Yash Fadtare, for
Applicant.
Ms. Gauri S. Rao, A.P.P, for Respondent No.1-State.
.....
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, J.J.
DATE : 12 th 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.
SHAILAJA Digitally signed by
SHAILAJA SHRIKANT
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SHRIKANT HALKUDE
Date: 2024.08.14 19:35:13
HALKUDE +0530
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3. The applicant vide judgment and order dated 9 th March, 2022
passed by the Additional Sessions Judge, Pune in Sessions Case
No.695 of 2015 has been convicted for the offence punishable
under Section 302 of the Indian Penal Code, 1860 (for short
"I.P.C") and sentenced to suffer imprisonment for life and to pay a
fine of Rs.25,000/-, in default, to suffer further rigorous
imprisonment for three months.
4. Perused the papers. Admittedly, the prosecution case rests on
direct evidence in the form of eye witnesses i.e P.W. 7 - Nitpal
Hemant Pahan and P.W.8 - Bappa Jotish Burman. From the
evidence of P.W. 7 - Nitpal Pahan and P.W.8 - Bappa Burman, it
appears that the incident was not premeditated but had taken place
on the spur of moment. From the evidence of these witnesses, it
appears that on 28th July, 2015, deceased Ukil Mundari, after
consuming liquor had come to the room where the applicant and
his friends were residing. It appears that the applicant had given a
blow on Ukil's back, hand and face with an iron katawani (dagger)
and assaulted the deceased - Ukil Mundai with the same. From the
evidence, it appears that the deceased died on the next day. There
are certain omissions in the evidence of the said witnesses.
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5. Learned Counsel for the applicant submitted that even if the
prosecution case is taken as it stands, no offence under Section 302
is disclosed and if at all, the offence could be a lesser offence.
6. Considering that the incident took place on the spur of the
moment and was not a premeditated act and the applicant is in
custody for more than nine years, the application deserves to be
allowed. The appeal is of the year 2022 and is not likely to be heard
in the near future.
7. Accordingly, the application is allowed and the applicant's
sentence is suspended and he is enlarged on bail on the following
conditions;
:ORDER:
(a) 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;
(b) 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;
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(c) 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;
(d) 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 accordingly disposed of.
9. All concerned to act on the authenticated copy of this order.
[PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.]
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