Bombay High Court
Dattaram Shantaram Chavan vs State Of Maharashtra on 25 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:4376-DB
This Order is modified/corrected by Speaking to Minutes Order dated 05/02/2024
25 ia 3981 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3981 OF 2023
IN
CRIMINAL APPEAL NO.849 OF 2022
Dattaram Shantaram Chavan .... Applicant/Appellant
Versus
State of Maharashtra .... Respondent
......
Mr.Anush Shetty i/b. Dr.Yug Mohit Choudhari, Advocate for the
Applicant/Appellant.
Mrs.P.P. Shinde, APP for Respondent - State.
......
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 25th JANUARY 2024
P.C. :
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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This Order is modified/corrected by Speaking to Minutes Order dated 05/02/2024
25 ia 3981 of 2023.doc
3 The applicant by judgment and order dated 29 th July 2022,
passed by the learned Additional Sessions Judge, Kalyan, in Sessions
Case No.298 of 2025, has been convicted for the offence punishable
under Section 302 of Indian Penal Code (IPC) and is sentenced to suffer
imprisonment for life and to pay fine of Rs.10,000/- (Rupees Ten
Thousand only). In default of payment of fine, the applicant to suffer
rigorous imprisonment for one year.
4 Perused the papers. The prosecution case rests on
circumstantial evidence i.e. the confessional statement made by the
applicant, pursuant to which the FIR was registered by the police; the
knife with which the applicant assaulted the deceased was produced by
the applicant, at the time when the confession was made; and the
showing of the dead body of the deceased by the applicant. According
to the learned counsel for the applicant, taking the prosecution case as
it stands, the offence, if any, would not be one under Section 302 of
IPC, but would be a lesser offence. He submits that the applicant was
21 years of the age, at the relevant time and is in custody for more than
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eight years. He submits that the Appeal is of the year 2023, and is not
likely to reach in the immediate near future.
5 It appears that the incident took place on 22 nd March 2015
at about 7.50 a.m. when the applicant had gone to answer the nature's
call in the common toilet; that while returning, the deceased passed a
comment on the applicant, pursuant to which, the applicant, in a fit of
rage, went to his house, brought a knife and assaulted the deceased on
his neck, stomach and chest for making the said comment. According to
the applicant, the deceased had made similar comments previously,
however, he had ignored the said taunts and insults.
6 The applicant is in custody for more than eight years.
Whether the offence would be under Section 302 of IPC or would be a
lesser offence, will be examined at the time, when the Appeal is heard
finally. Suffice to state that the applicant/appellant has undergone more
than eight years of imprisonment and the Appeal being of the year
2023, is not likely to be heard in the near future.
7 Considering the aforesaid, the Application is allowed and
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the Applicant's sentence is suspended and he is enlarged on bail pending
the hearing and final disposal of his Appeal on the following terms and
conditions:-
:: O R D E R :
:
(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 four
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
This Order is modified/corrected by Speaking to Minutes Order dated 05/02/2024
25 ia 3981 of 2023.doc
Court, and, the prosecution would be at liberty to file an
application seeking cancellation of bail.
8 The Application is disposed of in the aforesaid terms.
9 All concerned to act on the authenticated copy of this
order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
