Bombay High Court
Rambhau S/O Tukaram Holambe vs The State Of Maharashtra on 31 January, 2024
Author: R. G. Avachat
Bench: R. G. Avachat
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
918 CRIMINAL APPLICATION NO. 3764 OF 2023
IN APEAL/938/2023
Rambhau S/o Tukaram Holambe .. Applicant
Versus
The State of Maharashtra ..Respondent
.....
Advocate for Applicant : Ms. Poonam V. Bodke Patil
Addl. P.P. for Respondent / State : Shri. S. D. Ghayal
.....
CORAM : R. G. AVACHAT AND
NEERAJ P. DHOTE, JJ.
Dated : January 31, 2024
PER COURT :-
. This is the Application for suspension of substantive
sentence awarded by the learned Additional Sessions Judge, Ambajogai
in Sessions Case No. 05/2016 vide Judgment and order dated
31.08.2023 thereby convicting the Applicant / Appellant for the offence
punishable under Section 302 of the Indian Penal Code and sentencing
him to suffer Rigorous Imprisonment for Life with fine of Rs.5000/-, in
default to suffer imprisonment for six (6) months.
2. Heard learned Advocate for the Applicant / Appellant and
learned Addl. P.P. for the State. Perused the relevant papers.
3. Learned Advocate for the Applicant / Appellant pointed out
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the dying declaration of the deceased recorded by the police. Learned
Advocate contends that the sister of deceased was present, when dying
declaration of the deceased was recorded, therefore, there is possibility
of tutoring. She further submits that thumb impression of the sister of
deceased was taken on the dying declaration. She submits that since the
dying declaration is under the cloud of doubt, the sentence of the
applicant be suspended during the pendency of the Appeal.
4. Learned Addl. P. P. submits that the deceased was in a fit
state of mind when her dying declaration was recorded. Hence, he prays
for rejection of the Application.
5. It is the Prosecution's case that the Applicant / Appellant
who is the husband of deceased, set her on fire by pouring kerosene
since he was suspecting her character.
6. It is not discernible as to why the thumb impression of the
victim's sister was taken on dying declaration. The dying declaration
itself show that the Applicant / Appellant had doused the fire and
admitted the deceased to the hospital. The death of the Victim is after
14 days from the date of the incident. The cause of death as per the
Post-mortem Report is 'Septicemia due to mixed thermal burns.' It is
not disputed that during the trial, the Applicant was on bail. There is
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no possibility that the Appeal would come up for final hearing in the
near future. In this view of the matter, we proceed to pass the following
order:
ORDER
(i) The Application is allowed.
(ii) The substantive sentence imposed by the learned Additional
Sessions Judge, Ambajogai in Sessions Case No. 05/2016 vide Judgment
and order dated 31.08.2023 on the Applicant / Appellant, namely,
Rambhau S/o Tukaram Holambe, is suspended during the pendency of
the present Appeal.
(iii) The Applicant / Appellant be released on bail on furnishing
P. R. Bond of Rs.15,000/- (Rupees Fifteen Thousand Only), with one
surety in the like amount.
(iv) Bail before the Trial Court.
(v) The Applicant / Appellant shall not change his residential address
without intimation to the concerned Police Station.
7. Criminal Application stands disposed of accordingly.
( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. )
GGP
Signed by: Gajanan G. Punde
Designation: PA To Honourable Judge
Date: 01/02/2024 11:46:40
