Bombay High Court
Shahrukh Mohammad Multani vs State Of Maharashtra And Ors on 18 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:2776-DB
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2024.01.20
CHITNIS 15:44:44 +0530 4-ia.3692.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3692 OF 2022
(For Bail)
IN
CRIMINAL APPEAL NO.213 OF 2020
Shahrukh Mohammad Multani ...Applicant
(Orig. Accused No.3)
Versus
The State of Maharashtra and Ors. ...Respondents
Mr. Chetan S. Damre, for the Applicant.
Mr. R. M. Pethe, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 18th JANUARY 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 30th
September 2019, passed by learned Additional Sessions Judge,
Niphad in Sessions Case No. 56 of 2017, has been convicted and
sentenced as under:-
- for the offence punishable under Section 302 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for life and to
pay fine of Rs.10,000/-, in default, to suffer further rigorous
imprisonment for 1 year;
- for the offence punishable under Section 120B of the Indian
Penal Code, to suffer rigorous imprisonment for life and to pay fine
of Rs.10,000/-, in default, to suffer further rigorous imprisonment for
1 year;
- for the offence punishable under Section 404 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 1 year and
to pay fine of Rs.5,000/-, in default, to suffer further rigorous
imprisonment for 2 months.
All the aforesaid sentences were directed to run concurrently.
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4. Learned Counsel for the applicant seeks bail on the ground
of parity. Learned counsel relied on the order dated 25 th July 2022
passed by this Court in the Interim Application filed by co-accused -
Bashir Harun Ansari. The said order is annexed at Exhibit - A, page
12 of the aforesaid application.
5. Perused the papers. The prosecution case rests on
circumstantial evidence. As far as the applicant is concerned, the
circumstances alleged as against him are that of last seen; recovery of
Rs.9,500/- at his instance and recovery of a wooden stick also at the
instance of the applicant. As far as the evidence of last seen is
concerned, the prosecution examined 3 witnesses, in support thereof
i.e. PW2 - Ramchandra Deore, PW3 - Shabbir Multani and PW4 -
Santosh Mali. PW3 - Shabbir turned hostile and as such did not
support the prosecution case. As far as PW4 - Santosh is concerned,
no Test Identification Parade (TIP), was held. The same was
necessary, more particularly, since the applicant was not known to the
said witness. As far as PW2 - Ramchandra is concerned, a perusal of
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his evidence shows that on 27th April 2017 at about 3:00 p.m. he saw
Kalim and deceased together, proceeding on the Luna of Lalkha
towards Vaijapur. PW2 has further stated that he had also seen Bashir
and Farukh (applicant) on their motorcycle and that they were also
going towards Vaijapur. The evidence of last seen, prima facie,
appears to be shaky. The other evidence, is that of recovery of money
of Rs.9,500/-. The said recovery of money cannot be said to be
incriminating. The only evidence, is that of recovery of a wooden
stick at the instance of the applicant. It appears from the evidence of
the panch witness, that the said stick was recovered from an open
space. It appears that the applicant is in custody since May 2017 i.e.
for more than 6 years.
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:-
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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 three
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.
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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.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
