Bombay High Court
Darshana Dnyaneshwar Chavan vs State Of Mah. Thr. Pso Ps Darwha ... on 24 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1004-DB
1 6.appa.33.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.33/2024
IN
CRIMINAL APPEAL NO.13/2024
Sau. Darshana Dnyaneshwar Chavan Vs. State of Maharashtra
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. R. M. Daga, Advocate for Applicant.
Mr. J. Y. Ghurde, A.P.P. for Non-applicant/State.
CORAM : VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ.
DATED : 24/01/2024.
. Heard.
2. This is an application seeking suspension of
execution of sentence passed in Sessions Trial No.7/2020
vide judgment and order dated 22/12/2023. Two accused
were tried for committing murder of lady namely Nikita @
Golu.
3. Accused No.1 - Akash is the husband of
deceased whilst accused No.2 - Darshana (applicant)
alleged to be having illicit relation with Akash. The
prosecution case is totally based on the circumstantial
evidence. Two witnesses have been examined to state that
on the fateful night, the applicant was in the house of
couple where the incident occurred. The applicant's
learned Counsel challenged the identity by stating that Test
Identification Parade was not conducted and particularly,
her name and residence is different than alleged.
4. The learned A.P.P. has attracted our attention to
the number of injuries found on the body of the deceased.
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Moreover, he would submit that onus lies on the applicant
to explain since it is a case of custodial bail.
5. The learned Counsel for the applicant took us
through the A.D. enquiry and related evidence of
Investigating Officer. It is pointed out that during A.D.
enquiry neither the informant nor two witnesses have
expressed any suspicion. During trial, the applicant was on
bail. It is brought to our notice that due to matrimonial
dispute, the applicant was residing separately with her two
minor kids studying in 6th and 4th standard.
6. Considering the nature of material, which is in
the form of circumstantial evidence, arguable case has
been made out. Moreover, during the trial, applicant was
on bail. In view of that, it is a fit case to exercise our
judicial discretion. Hence, the following order :
i] The application is allowed.
ii] Execution of substantive sentence passed in
Sessions Trial No.7/2020 against the applicant
namely Sau. Darshana Dnyaneshwar Chavan
shall stand suspended till disposal of the
appeal.
iii] The applicant shall be released on bail on she
furnishing P.R. bond of Rs.25,000/- (rupees
twenty five thousand only) with one surety in
the like amount.
3 6.appa.33.24
iv] The Trial Court shall issue release warrant only
after ensuring the deposit of entire fine amount.
v] The application stands disposed of.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 25/01/2024 14:54:08
