Bombay High Court
Laxman Shataram Ravate And Ors vs The State Of Maharashtra And Anr on 27 August, 2024
Bench: Revati Mohite Dere, Prithviraj K. Chavan
Digitally
signed by
SHAGUFTA
2024:BHC-AS:34473-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 21-IA-2911-2024.doc
2024.08.28
18:07:16
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2911 OF 2024
(For Bail/Suspension of Sentence)
IN
CRIMINAL APPEAL NO. 369 OF 2024
1. Laxman Shantaram Ravate
2. Tanaji Navaji Ravate ... Applicants
Versus
The State Of Maharashtra & Anr. ...Respondents
Mr. Hrishikesh Gharpade a/w Mr. Anup Patil i/b Mr. Shailesh Mhaske
for the Applicants
Mr. K. V. Saste, Addl. P.P for the Respondent No.1-State
None for the Respondent No. 2
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
TUESDAY, 27th AUGUST 2024
P.C :
1 Heard learned counsel for the parties.
2 By this application, the applicants seek suspension of
their sentences and enlargement on bail, pending the hearing and
final disposal of their aforesaid Appeal.
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3 The applicants alongwith other co-accused have been
convicted by the learned Additional Sessions Judge-1, Khed-
Rajgurunagar, Pune vide judgment and order dated 12 th March,
2024 passed in Sessions Case No.11/2015, for the offence
punishable under Sections 302 r/w 149, 447 r/w 149, 324 r/w
149, 323 r/w 149, 506 r/w 149, 323 r/w 147, 447 r/w 147, 143,
447, 149, 323, 324 of the Indian Penal Code (`IPC'). Separate
substantive sentences have been awarded for various offences.
As far as Section 302 r/w 149 of IPC is concerned, the
applicants alongwith other co-accused have been sentenced to
suffer rigorous imprisonment for life and to pay fine of
Rs.1,000/- each, in default, to suffer simple imprisonment for 15
days.
4 Learned counsel for the applicants seeks bail on the
ground of parity. He submits that sentences of similarly placed
co-accused i.e. Shantaram Ravate and Maruti Ravate have been
SQ Pathan 2/6
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suspended and they have been enlarged on bail by this Court vide
order dated 27th June 2024.
5 Mr. Saste, learned Additional Public Prosecutor does
not dispute the same.
6 Perused the papers. It appears that out of 13 accused,
who were prosecuted in said case, 7 accused, including the two
applicants have been convicted for the offence punishable under
Section 302 r/w 149 of the IPC and other sections.
7 The prosecution case rests on eye witnesses i.e. on the
evidence of P.W.1, P.W.2 and P.W.3. According to the prosecution,
the incident took place on 30th July 2014 at about 11:00 a.m. It
is the prosecution case that all the accused including the
applicants came to the field of P.W.1 with sticks and questioned
them, as to how they were harvesting the crop. It appears that
there was an exchange of abuses between the parties, pursuant to
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which, the applicants assaulted Maruti Rade with sticks on his
head and neck. P.W.1-Yashwant Maruti Rade, P.W.2-Sakhubai
Maruti Rade and P.W.3-Rupa Devji Rade are also alleged to have
sustained injuries, albeit simple injuries, in the said incident.
7 A perusal of the post-mortem report reveals that there
is not a single external injury mentioned in column No.17 of the
post-mortem report. The cause of death is stated to be "Death
due to head injury associated with blunt trauma to neck".
8 According to the learned counsel for the applicants,
taking the prosecution case as it stands, the offence, if any, would
be a lesser offence and not an offence under Section 302 of the
IPC. He submits that the applicants are in custody for about 10
years.
9 Considering the aforesaid, the application is allowed
and the applicants' sentences are suspended and they are enlarged
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on bail, pending the hearing and final disposal of their Appeal, on
the following terms and conditions :
ORDER
i) The Applicants be enlarged on bail on furnishing P.R.
Bond in the sum of Rs.15,000/- each, with one or two
sureties in the like amount;
ii) The Applicants shall report to the trial Court, once in
six months on the day/date specified by the trial Court, till
their Appeal is finally disposed of;
iii) The Applicants shall keep the trial Court informed
of their current addresses and mobile contact numbers
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
21-IA-2911-2024.doc
to the High Court and the prosecution would be at liberty
to file an application seeking cancellation of bail.
10 The Application is accordingly disposed of in the
aforesaid terms.
11 All concerned to act on the authenticated copy of this
order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
