Vasant Rodoba Pawar vs The State Of Maharashtra
2024 Latest Caselaw 3550 Bom

Bombay High Court

Vasant Rodoba Pawar vs The State Of Maharashtra on 6 February, 2024

Author: R. G. Avachat

Bench: R. G. Avachat

                                1
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD.

             911 CRIMINAL APPLICATION NO. 821 OF 2023
                        IN APEAL/105/2024

Vasant Rodoba Pawar                                          ....Applicant

      Versus

The State of Maharashtra                                     .....Respondent
                                    .....
Advocate for Applicant : Shri. Mahesh K. Bhosale
Addl. P.P. for the Respondent / State : Shri. S. D. Ghayal
                                    .....

                                CORAM :      R. G. AVACHAT AND
                                             NEERAJ P. DHOTE, JJ.
                               Dated    :    February 6, 2024

PER COURT :-

.              Heard Shri. Mahesh K. Bhosale, learned Advocate for

Applicant and Shri. S. D. Ghayal, learned Addl. P.P. for the State and

perused the Paper-book.



2.             This is the Application for suspension of substantive

sentence awarded by the learned Additional Sessions Judge, Kopargaon,

Dist. Ahmednagar in Sessions Case No.36/2017 vide Judgment and

order dated 28.03.2019 thereby convicting the Applicant / Appellant for

the offence punishable under Section 302 of the Indian Penal Code and

sentencing him to suffer Imprisonment for Life and to pay / deposit fine

of Rs.5,000/-, in default to suffer Rigorous Imprisonment for three

months.
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3.             The crime is registered at the instance of the mother of the

child.     The child aged about 5 years died due to drowning. The

Applicant / Appellant is the stepfather of the deceased son. From the

evidence available on record, it is clear that the son fell in the well

which was near their residential house. The evidence on record show

that the well was constructed till ground level. Our attention is drawn

to the cross-examination of the Informant (mother of deceased child)

wherein she admitted that, in the statement recorded under Section 164

of the Code of Criminal Procedure, she stated that she has incorrectly

implicated the Applicant due to quarrel with her first husband. The

Applicant / Appellant is behind the bars for more than 6 years. There is

no possibility that the Appeal would come up for final hearing in the

near future. In this view of the matter, we proceed to pass the following

order:

                                     ORDER

(i)      The Application is allowed.


(ii)     The substantive sentence awarded by the learned Additional

Sessions Judge, Kopargaon, Dist. Ahmednagar in Sessions Case

No.36/2017 vide Judgment and order dated 28.03.2019, on the

Applicant / Appellant, namely, Vasant Rodoba Pawar, is suspended

during the pendency of the present Appeal.

(iii) The Applicant / Appellant be released on bail on furnishing

P. R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only), with one

surety in the like amount.

                             (iv)     Bail before the Trial Court.


                             (v)      The Applicant / Appellant shall not change his residential address

without intimation to the concerned Police Station.

4. Criminal Application stands disposed of accordingly.

( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. )

GGP

Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 07/02/2024 11:01:30