Bombay High Court
Ganesh Rajendra Kheratkar vs State Of Maharashtra on 27 August, 2024
Bench: Revati Mohite Dere, Prithviraj K. Chavan
Digitally
signed by
SHAGUFTA
2024:BHC-AS:34472-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 20-IA-2267-2024.doc
2024.08.28
18:07:15
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2267 OF 2024
IN
CRIMINAL APPEAL NO. 590 OF 2024
Ganesh Rajendra Kheratkar ... Applicant
Versus
The State Of Maharashtra ...Respondent
Mr. Ganesh Gole a/w Mr. Ateet Shirodkar and Mr. Kunjan
Makwana for the Applicant
Mr. K. V. Saste, Addl. P.P for the Respondent-State
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 applicant seeks suspension of
his sentence and enlargement on bail, pending the hearing and
final disposal of his aforesaid appeal.
SQ Pathan 1/4
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3 The applicant, vide judgment and order dated 26 th
April 2024, passed by learned Additional Sessions Judge, Raigad,
in Sessions Case No. 28/2014, has been convicted for the
offence punishable under Section 302 of the Indian Penal Code
and is sentenced to suffer rigorous imprisonment for life and to
pay a fine of Rs.2,00,000/-, in default, to suffer simple
imprisonment for three months.
4 Perused the papers, in particular, the evidence of eye-
witnesses PW1-Vishal Bamane and PW2-Ganesh Bavkar. PW1-
Vishal is the brother of the deceased-Vinod. From his evidence,
it appears that the incident took place at the spur of the moment,
when the teams were playing cricket. It appears that the
deceased assaulted the applicant with fist blows and thereafter
with a bat. It appears that thereafter, an effort was made to
pacify the quarrel and thereafter, the applicant picked-up the bat
and assaulted Vinod three-four times, from behind, on the head.
SQ Pathan 2/4
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5 It is not in dispute that the applicant was on bail
pending trial. The appeal is of the year 2024 and is not likely to
be heard in the immediate near future. It prima facie appears
that the incident has taken place at the spur of the moment and
the offence, if any, would not be under Section 302 but a lesser
offence.
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 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;
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;
20-IA-2267-2024.doc
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.
7 Interim Application is accordingly disposed of in the
above terms.
8 All concerned to act on the authenticated copy of this
order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
