Bombay High Court
Bhakta Durgacharan Tripathi vs The State Of Maharashtra on 13 August, 2024
Bench: Revati Mohite Dere, Prithviraj K. Chavan
2024:BHC-AS:32530-DB
Digitally
signed by
20. IA 2960-2024.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2024.08.14
12:53:13
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2960 OF 2024
IN
CRIMINAL APPEAL NO. 691 OF 2022
Bhakta Durgacharan Tripathi ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Jagdish Shetty a/w Mr. M.A.Shaikh for the Applicant.
Mr. V.B.Konde Deshmukh, Addl.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 13th 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.
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3. The applicant, vide Judgment and Order dated 8 th May,
2019, passed by the learned Additional Sessions Judge, Pune, in
Sessions Case No. 690 of 2014, has been convicted alongwith another
co-accused as under:-
- for the offence punishable under Section 302 r/w 34 of the
Indian Penal Code, to suffer imprisonment for life and to pay a fine
of Rs.2,000/-, in default, to suffer further rigorous imprisonment for
one month;
- for the offence punishable under Section 201 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for five years and
to pay a fine of Rs. 1,000/-, in default, to suffer further rigorous
imprisonment for 15 days;
- for the offence punishable under Section 404 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for one year and
to pay a fine of Rs. 500/-, in default, to suffer further rigorous
imprisonment for 8 days.
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All the aforesaid sentences were directed to run concurrently.
4. Perused the papers. Admittedly, the prosecution case rests
on circumstantial evidence. As far as the applicant is concerned, the
circumstances relied upon by the prosecution are last seen evidence
and recovery of blood stained clothes at the instance of the applicant.
As far as the last seen evidence is concerned, PW4- Firoz Ibrahim
Pathan has turned hostile and as such, has not supported the
prosecution case. Thus, the only evidence qua the applicant is that of
recovery of blood stained clothes.
5. It is not in dispute that the applicant is in custody since
26th July, 2014, for more than 10 years. The appeal is of the year
2002 and is not likely to be heard in the immediate near future.
6. 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 his appeal, on the following
terms and conditions;
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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;
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.
20. IA 2960-2024.doc
7. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
8. All concerned to act on the authenticated copy of this
order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
