Bombay High Court
Appasaheb Suresh Dhumal vs State Of Maharashtra on 11 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:1847-DB
19 ia 4335 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4335 OF 2023
IN
CRIMINAL APPEAL NO.882 OF 2018
Appasaheb Suresh Dhumal ... Applicant
Versus
The State of Maharashtra ... Respondent
......
Mr.Kedar J. Patil a/w. Ms.Sakshi S. Kadam and Mr.Pratik Tare,
Advocate for the Applicant/Appellant.
MrR.M. Pethe, APP for Respondent-State.
......
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 11th JANUARY 2024
P.C. :
Heard the 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 5 April
2018 passed by the learned Additional Sessions Judge, Karad, in
Sessions Case No.51 of 2015 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.5,000/-, in default, to suffer rigorous imprisonment for six
months.
4 The learned counsel for the Applicant submits that
the prosecution case rests on circumstantial evidence, in
particular, the evidence of two witnesses, who allegedly came to
the spot, post the incident of assault and saw the Applicant with a
weapon. He submits that the said statement of the two witnesses
could not have been relied upon by the learned Judge, having
regard to the fact, that the said statements were recorded five
days post the said incident. He further submits that even
otherwise, having regard to the Judgment of the Apex Court in
Saudan Singh Vs. State of Uttar Pradesh passed in Criminal
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Appeal No.308 of 2022 [SLP (Cri.) No.4633/2021], the
Applicant is entitled to be enlarged on bail, considering that he is
in incarceration for about 10 years.
5 Learned APP opposes the Application.
6 Perused the papers. The prosecution case rests on
circumstantial evidence, and, essentially on the statement of two
witnesses, who saw the Applicant post the incident of assault with
a weapon in his hand. It also appears that the said statements
have been recorded after five days of the incident. Be that as it
may, having regard to the aforesaid and the fact, that the
Applicant is in custody for about 10 years, and, having regard to
the decision of the Apex Court in Saudan Singh Vs. State of Uttar
Pradesh (Supra), there is no impediment in allowing the
Application.
7 Considering the aforesaid, the Application is allowed
and the Applicant's sentence is suspended and he is enlarged on
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bail pending the hearing and final disposal of his Appeal on the
following terms and conditions:-
:: O R D E R :
:
(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;
(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.
19 ia 4335 of 2023.doc
8 The Application is allowed in the aforesaid terms
and is accordingly disposed of.
9 All concerned to act on the authenticated copy of
this order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
