Bombay High Court
Anil Anandrao Bichkar vs State Of Maharashtra on 30 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:4881-DB
27 ia 4014 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4014 OF 2023
IN
CRIMINAL APPEAL NO.99 OF 2020
Anil Bichkar .... Applicant
Versus
The State of Maharashtra .... Respondent
......
Mr.Vaibhav R. Gaikwad a/w. Mr.Atharva R.B., Mr.Yash Naik and
Ms.Saisha Pisal, Advocate for the Applicant / Appellant.
Mr.V.B. Konde - Deshmukh, Addl. P.P. for Respondent - State.
......
CORAM REVATI MOHITE DERE &
: MANJUSHA DESHPANDE, JJ.
DATE : 30th 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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3 The applicant vide judgment and order dated 21
September 2019, passed by the learned Sessions Judge, Satara, in
Sessions Case No.71 of 2016, 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.1,000/- (Rupees One Thousand only). In default of payment of
fine, the applicant is directed to suffer further simple imprisonment
for 15 days.
4 Perused the papers. The applicant is the husband of
Manjiri (deceased), who sustained burn injuries on 16 January
2016. It appears that there are two dying declarations recorded by
the police; i.e. one, on the day of incident i.e. on 16 January 2016,
in which Manjiri (deceased) has stated that her synthetic gown
caught fire because of the lamp. The said dying declaration is
recorded by the Executive Magistrate in which she has not
implicated the applicant; and the second dying declaration, which
was recorded on 26 January 2016, in which Manjiri (deceased) has
disclosed to the contrary. In the second dying declaration, Manjiri
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has stated that the applicant under the influence of alcohol was
harassing her to have physical relations, and when she refused, he
poured kerosene on her person and set her ablaze with a lamp, as a
result of which she sustained burn injuries. Thus, Prima facie,
there is inconsistency in the dying declarations.
5 It is not in dispute, that the applicant was on bail
during trial, and, has not misused the conditions of the bail. The
Appeal is of the year 2022, and the applicant is in custody since
2020.
6 Considering the aforesaid, the application is allowed
and 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 :-
ORDER
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;
27 ia 4014 of 2023.doc
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
Court and the prosecution would be at liberty to file an
application seeking cancellation of bail.
6 The Application is allowed in the aforesaid terms and is
accordingly disposed of.
7 All concerned to act on the authenticated copy of this order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
