Bombay High Court
Ravilal Veglal Agariya vs State Of Maharashtra on 29 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:4836-DB
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2024.02.01
CHITNIS 14:59:24 +0530
44-ia.1988.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1988 OF 2023
IN
CRIMINAL APPEAL NO.1251 OF 2022
Ravilal Veglal Agariya ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Pradeep Pardeshi, for the Applicant.
Mr. V. B. Konde-Deshmukh, Addl.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 29th JANUARY 2024
P.C. :
1. Heard learned counsel for the parties.
2. By this application, filed through legal aid, the applicant
(original accused No.2) seeks suspension of his sentence and
enlargement on bail, pending the hearing and final disposal of his
aforesaid appeal.
N. S. Chitnis 1/6
::: Uploaded on - 01/02/2024 ::: Downloaded on - 21/02/2024 06:05:14 :::
44-ia.1988.2023.doc
3. The applicant alongwith other co-accused, vide Judgment
and Order dated 13th March 2018, passed by learned Additional
Sessions Judge, Raigad-Alibag in Sessions Case No. 130 of 2013, has
been convicted and sentenced as under:-
- for the offence punishable under Section 302 r/w 34 of the
Indian Penal Code, to suffer imprisonment for life and to pay a fine
of Rs.500/-, in default, to suffer simple imprisonment for 6 months.
4. Perused the papers. Admittedly, the prosecution case rests
on circumstantial evidence i.e. of last seen and recovery of clothes, at
the instance of original accused No.1 - Santosh. As far as last seen
evidence is concerned, the prosecution has examined 3 witnesses i.e.
PW4 - Babalu Sahu, PW5- Hemsing and PW6 - Umesh Varma. It is
the prosecution case that the incident took place on the intervening
night of 17th April 2013 and 18th April 2013. It appears that the
Labour Contractor in H & R Johnson Company had supplied 7
labourers, including the 2 accused as well as the deceased, in the
polishing department of the said company. It appears that all the said
N. S. Chitnis 2/6
::: Uploaded on - 01/02/2024 ::: Downloaded on - 21/02/2024 06:05:14 :::
44-ia.1988.2023.doc
persons were residing in the rooms owned by one Moreshwar Mokal.
According to PW4 - Babalu, on 17 th April 2013 while going to his
room in the night at 10:30 p.m. he saw the deceased - Subodh and 2
accused together in a room. He has stated that thereafter he went to
his room and slept between 11:00 to 11:30 p.m. PW6 - Umesh has
stated that on 17th April 2013 at about 7:00 p.m, he returned from the
company to his room; that after 7:00 p.m. accused No.1 met him near
the railway track; that the said accused wanted liquor; that the
accused No.1 called him (PW6) to his room alongwith liquor, after
which he went to the room of accused No.1 - Santosh; that PW6 and
accused were present in the room; that the accused No.1 and the
applicant drank liquor and as PW6 was fasting, he did not consume
liquor and that at about 8:30 p.m. he went back to his own room and
while returning to his room, he met deceased - Subodh, near the gate
of the Company and saw deceased going to his room. As far as PW5-
Hemsing is concerned, he has stated that on 17 th April 2013 at about
7:30 p.m. while returning to his room, he saw accused No.1 - Santosh
and the applicant; that at 9:30 p.m. he had his dinner; that at 10:00
N. S. Chitnis 3/6
::: Uploaded on - 01/02/2024 ::: Downloaded on - 21/02/2024 06:05:14 :::
44-ia.1988.2023.doc
p.m. he came outside the room and saw that deceased - Subodh had
returned from the company. He has further stated that when he and
one Rajpal were watching T.V., he heard the noise of quarrel coming
from the room where the accused were staying at about 12:00
midnight; and that the deceased - Subodh was shouting loudly. He
has further stated that he did not go to resolve the conflict/quarrel
because such quarrels would take place every day after which he went
to sleep at around 1:00 a.m.
5. Prima facie, there are some discrepancies, as far as last
seen evidence is concerned. Admittedly, there is no motive that has
come on record, so as to point to the complicity of the applicant in the
alleged crime. As far as recovery is concerned, neither weapon nor
clothes have been recovered at his instance. The applicant at the
relevant time was aged 19 years and is in custody for more than 9
years. The appeal is of the year 2022 and the same is not likely to
come up for the hearing in the immediate near future.
N. S. Chitnis 4/6
::: Uploaded on - 01/02/2024 ::: Downloaded on - 21/02/2024 06:05:14 :::
44-ia.1988.2023.doc
6. Considering the evidence on record i.e. only the evidence
of last seen and having regard to the long incarceration of the
applicant, 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:-
ORDER
i) The applicant be enlarged on bail on furnishing P.R.Bond
in the sum of Rs.20,000/- with one or two local 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 the 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;
44-ia.1988.2023.doc
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.
7. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
All concerned to act on the authenticated copy of this
order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
