Bombay High Court
Ganesh Shankar Mhatre vs State Of Maharashtra on 5 January, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:1641-DB
V.A. Tikam 8-IA 4008 of 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VAISHALI
ANIL CRIMINAL APPELLATE JURISDICTION
TIKAM
Digitally signed INTERIM APPLICATION NO. 4008 OF 2022
by VAISHALI
ANIL TIKAM IN
Date: CRIMINAL APPEAL No. 88 OF 2023
2024.01.15
14:10:15 +0530
Ganesh Shankar Mhatre .. Applicant
vs.
The State of Maharashtra .. Respondent
Mr. Gaurav Parkar for Applicant.
Mr. J.P. Yagnik, APP for the State.
CORAM: A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 5th JANUARY, 2024
P. C.:-
1. This is an Application for suspension of sentence and releasing the
Applicant on bail.
2. The Applicant is convicted under Sections 302 and 201 of the Indian
Penal Code and is sentenced to suffer imprisonment for life by the learned
Sessions Judge, Raigad-Alibag by its impugned Judgment and Order dated
24th May, 2022.
3. Perusal of evidence on record indicates that, PW No.1 noticed the
dead body of deceased Ms. Bhagyashree on 14 th April, 2018 at about 5.00
p.m. in the mangroves, near Vadkhal Village, District Raigad. It is the
prosecution case that, the Applicant committed murder of Ms. Bhagyashree
V.A. Tikam 8-IA 4008 of 2022.doc
on 13th April, 2018 after 4.36 p.m. The cause of death of deceased is stated
to be due to multiple injuries, including grievous injury to head. The main
circumstance against the Applicant as putforth by the prosecution is, last
seen together on 13th April, 2018 at about 4.36 p.m. The deceased was
pillion rider on the motor cycle driven by the Applicant and the said fact was
proved by the prosecution through PW No.4, who has examined the CCTV
footage recorded near Dadar Sagari Chekpost at Vadkhal. The motive
behind the commission of crime as proponded by the prosecution is dispute
between the Applicant and deceased over monetary transaction.
4. Perusal of record prima facie indicates that, the prosecution has not
produced or proved the fact regarding use of any particular weapon by the
Applicant for inflicting injuries on the deceased. PW No.7, a Forensic
Expert, in his cross-examination has admitted that, if a motorcycle is driven
at a speed of more than 40 kilometers per hour, the visibility of face in
CCTV footage is bleak. Apart from the said fact, there is substantial gap of
time between deceased last seen together with the Applicant and notice of
dead body by PW No.1 i.e. more than 26 hours.
5. In view of the above, we are of the opinion that, during the pendency
of present Appeal, substantive sentence imposed upon the Applicant can be
suspended and he can be released on bail.
V.A. Tikam 8-IA 4008 of 2022.doc
6. Hence the following Order:-
(I) Applicant be released on bail in Sessions Case No. 87 of 2018 arising
out of C.R. No. 09 of 2018 registered with Dadar Coastal Police
Station, Mangaon, District Raigad on his furnishing P.R. bond of
Rs.50,000/- with one or more solvent local sureties to make up the
amount.
(ii) The procedure for furnishing bail bond and sureties be completed
before the trial Court.
(iii) After his release from jail, the Applicant shall attend Dadar Coastal
Police Station, Mangaon, District Raigad on every Monday of the
month between 11.00 a.m. and 1.00 p.m. initially for a period of
one year and, thereafter on every first Monday of every 3 rd
calendar month till the disposal of the Appeal.
(iv) Applicant shall make himself available at the time of final hearing of
the Appeal.
7. Interim Application is allowed in the aforesaid terms.
(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.)
