Prasad Ramrao Rachure And Another vs The State Of Maharashtra
2024 Latest Caselaw 2557 Bom

Bombay High Court

Prasad Ramrao Rachure And Another vs The State Of Maharashtra on 29 January, 2024

Author: R.G. Avachat

Bench: R.G. Avachat

2024:BHC-AUG:1852-DB
                                                                          14-Criappl-3679-2023.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         CRIMINAL APPLICATION NO. 3679 OF 2023
                                         IN
                            CRIMINAL APPEAL NO. 898 OF 2023
          1. Prasad s/o Ramrao Rachure
          2. Saraswatibai w/o Ramrao Rachure                 ... Applicants

                Versus

          The State of Maharashtra                           ... Respondent

                                                ...
          Mr. R. S. Deshmukh [Senior Advocate] a/w Ms. Kojagiri M. Salve i/b Mr. V.
          A. Chavan and Mr. D. R. Deshmukh, Advocate for the Applicants
          Mr. S. D. Ghayal, Addl. P.P. for the Respondent/State
                                                ...
                                              CORAM : R.G. AVACHAT &
                                                            NEERAJ P. DHOTE, JJ.
                                              DATE      : 29.01.2024

          PER COURT :

          1.    This is an Application for suspension of substantive sentence imposed
          upon the Applicants by the learned Additional Sessions Judge, Biloli District
          Nanded, in Sessions Case No.09/2017 vide Judgment and Order dated
          04/08/2023, thereby convicting them for the offences punishable under Sections
          302 read with Section 34 of the Indian Penal Code and sentencing them to suffer
          life imprisonment and to pay fine of Rs.5000/- each, in default, to undergo
          rigorous imprisonment for three months.

          2.    Heard the learned Senior Advocate Mr. Deshmukh for the Applicants /
          Accused and Mr. S. D. Ghayal, learned Addl. P.P. for the Respondent / State.
          Learned Addl. P.P. opposes the Application and submits that the Application
          may not be allowed and he has strong objections for the same.

          3.    It is the prosecution's case that the Appellants and acquitted co-accused
          set on fire the victim. The case is based on three dying declarations. Prima

                                                 1
                                                                   14-Criappl-3679-2023.odt


facie, three dying declarations are inconsistent to each other.       In first dying
declaration, it is seen that, the story of accident is narrated, whereas, in second
dying declaration, it is seen that the story of suicide is narrated. The Appellants
were on bail during the trial.


4.       In view of the aforesaid circumstances, we proceed to pass the following
order:

                                        ORDER

(i)      The Criminal Application is allowed.


(ii)     The substantive sentence imposed by the learned Additional Sessions

Judge, Biloli District Nanded vide Judgment and Order dated 04/08/2023 on the Applicants / Appellants, namely, Prasad s/o Ramrao Rachure and Saraswatibai w/o Ramrao Rachure, is suspended during the pendency of the present Appeal.

(iii) The Applicants/ Appellants be released on bail on furnishing P.R. Bond of Rs.15000/- [Rupees Fifteen Thousand Only] each with one surety in the like amount each.

(iii)    Bail before the Trial Court.


(iv)     The Applicants / Appellants shall not change their residential address

without intimation to the concerned Police Station.

7. Criminal Application stands disposed of accordingly.

[NEERAJ P. DHOTE, J.]                                   [R.G. AVACHAT, J.]


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