Bombay High Court
Ranjit Abhaysingh Rathi And Others vs The State Of Maharashtra And Another on 4 March, 2024
Author: R.G. Avachat
Bench: R.G. Avachat
2024:BHC-AUG:4653-DB
14-Criappl-167-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 167 OF 2024
IN CRIMINAL APPEAL NO. 325 OF 2022
Ranjit Abhaysingh Rathi ....Applicant
VERSUS
The State of Maharashtra and Another ... Respondents
.....
Mr. Narwade Narayan B., Advocate for Applicant
Ms. U. S. Bhosle, APP for Respondent No.1 - State
Mr. S. E. Shekade, Advocate for Respondent No.2 - Informant
.....
CORAM : R.G. AVACHAT &
NEERAJ P. DHOTE, JJ.
DATE : 04.03.2024
PER COURT :
1. This is an Application for suspension of substantive sentence
awarded to the Applicant / Appellant by the learned Additional
Sessions Judge, Ahmednagar, in Sessions Case No.303/2014 vide
Judgment and Order dated 16.04.2022.
2. Heard Mr. Narwade, the learned Advocate for the Applicant,
Ms. Bhosle, the learned APP for the Respondent No. 1 - State and
Mr. Shekade, learned Advocate for Respondent No. 2 - Informant.
3. Learned Advocate for the Applicant submits that the co-
Appellants have been granted bail and since there is change in
circumstances, the Applicant is also entitled for bail.
4. Learned APP for Respondent No.1 - State strongly opposes
the Application and submits that the Application may not be
allowed.
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5. Learned Advocate for Respondent No.2 - Informant
vehemently opposes the Application and submits that the
Applicant is not entitled for bail.
6. In nutshell, the case of Prosecution is that, the incident of
assault took place on 26.02.2014 between the Informant and
witnesses on one side and the Applicant and co-accused on the
other side. There is no dispute that out of the same incident, the
cross complaint / FIR has been lodged by the present Applicant and
the trial arising out of the said cross complaint / FIR has concluded
in the acquittal. It is also not in dispute that the Appeal against
acquittal of the Informant and witnesses in the case in hand has
been admitted by this Court vide order dated 08.03.2023.
7. We have gone through the said order dated 08.03.2023. The
relevant observation in the said order runs thus:
"4. .......... .......... .......... .......... .......... .......... .......... .......... ..........
Therefore, the question arises as to whether there is proper
appreciation of evidence or not. It is required to be considered as to
which party was aggressive. No doubt, as per the decisions in Anil
Sonavane Vs. The State of Maharashtra, [(1976)] 78 BOM. L.R. 325],
Nathilal Vs. State of U.P., [1990 SCC (Crl.) 638] and State of M.P. Vs.
Mishrilal (Dead) and others, [AIR 2003 SC 4089], the cross
complaints and cross cases arising out of incident of riot, though may
be one triable by Court of Sessions or another is triable by Magistrate,
then they should be decided by the same judge and their ratio has been
adhered to in this case, but when it comes to the cross case, it requires
minute scrutiny of the evidence".
8. It is also not in dispute that the present Applicant had
suffered injuries in the said incident out of which one was 'right
fracture'. It is also not in dispute that the co-Appellants have been
granted bail and their sentences have been suspended by the order
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dated 12.07.2022. The injured in the case in hand has resumed his
daily pursuits. The Applicant is behind the bars for a period of
twenty (20) months.
9. It is needless to state that both the Appeals i.e. present
Appeal and the Appeal against acquittal filed by the Victim as well
as State will have to be heard together. In this view of the matter,
we proceed to pass the following order:
ORDER
(I) Criminal Application is allowed.
(II) The substantive sentence imposed by the learned Additional
Sessions Judge, Ahmednagar, in Sessions Case No.303/2014 vide
Judgment and Order dated 16.04.2022. on the Applicant /
Appellant, namely, Ranjit Abhaysingh Rathi, is suspended during
the pendency of the present Appeal.
(III) The Applicant/ Appellant be released on bail on furnishing
P.R. Bond of Rs.15000/- [Rupees Fifteen Thousand Only] with one
surety in the like amount.
(IV) Bail before the Trial Court.
7. Criminal Application stands disposed of accordingly.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]
Sameer
