Bombay High Court
Seema Namdeo Chavan vs State Of Maharashtra on 25 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:4377-DB
8-Ia-4003-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4003 OF 2022
IN
CRIMINAL APPEAL NO. 1162 OF 2022
Seema Namdeo Chavan .... Applicant
Versus
State Of Maharashtra .... Respondents
Mr. Shreyas P. Barsawade, for the Applicant.
Mrs. P. P. Shinde, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 25th JANUARY 2024
P.C. :
1. Heard learned Counsel for the parties.
2. By this interim application, the applicant seeks
suspension of her sentence and enlargement on bail, pending the
hearing and final disposal of the aforesaid appeal.
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3. The applicant, vide Judgment and Order dated 15th
September, 2022 passed by the learned Sessions Judge, Satara, in
Sessions Case No. 5 of 2018, has been convicted for the offence
punishable under Section 302 of the Indian Penal Code ("IPC"),
and is sentenced to suffer imprisonment for life and to pay fine of
Rs.5,000/-, in default, to suffer further simple imprisonment for
four months.
4. Perused the papers. Admittedly, the prosecution case
rests on circumstantial evidence. According to the prosecution, the
circumstances as against the applicant, are that of last seen, and
recovery of blood stained clothes at the instance of the applicant,
under Section 27 of the Evidence Act. As far as evidence of last
seen is concerned, the prosecution relies on the evidence of PW-3
Ashok Bhoite, father of the deceased and PW-6 Suraj Bhoite. We
have perused their evidence. As far as PW-3 Ashok Bhoite is
concerned, he states that on 19th July, 2017 when he went to the
field, he saw the applicant running from near the shed and
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that one Sunil was standing there, and later Sunil also went
running from the spot.
5. As far as the evidence of PW-6 Suraj is concerned, he
has only stated what was disclosed to him by Ashok (PW-3) i.e. he
had seen Sunil Bodare and one unknown lady, running from near
the shed. It appears that, subsequently Ashok Bhoite's
supplementary statement was recorded, in which he disclosed that
the person was not Sunil Bhoite, but Sunil Madane. The said
evidence of PW-3 and PW-6 cannot be said to be evidence of last
seen, in as much as, both do not speak about the accused being
last seen with the deceased.
6. As far as evidence of PW-8 Sunil Madane is
concerned, although the said witness has stated that he had last
seen the applicant with the deceased, the said witness, for reasons
best known, has been declared as hostile.
7. As far as recovery of blood stained clothes are
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concerned, at the instance of the applicant, the blood group found
on the clothes of the applicant, is stated to be inconclusive.
8. Considering the aforesaid evidence and the fact that
the applicant is in custody for the last six years i.e. from the year
2017, the application is allowed and the applicant's sentence is
suspended and she is enlarged on bail, pending the hearing and
final disposal of her 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.20,000/- 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 her
appeal is finally disposed of;
iii) The applicant shall keep the trial Court informed of
8-Ia-4003-2022.doc
her 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.
9. The Application is allowed in the aforesaid terms and
is accordingly disposed of.
10. All concerned to act on the authenticated copy of this
order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
Digitally
signed by
CHAITANYA
CHAITANYA ASHOK
ASHOK JADHAV
JADHAV Date:
2024.01.30
17:16:00
+0530
