Bombay High Court
Munna Alias Bhelwala Rajpati Chauhan vs The State Of Maharashtra on 2 May, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:21560-DB
RVC 26 Appa-1214-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (APPA) NO.1214 OF 2019
IN
CRIMINAL APPEAL NO. 1388 OF 2019
Munna alias Bhelwala Rajpati Chauhan ... Applicant
V/s.
The State of Maharashtra ... Respondent
Dr. Yug Chaudhry a/w Mr. Anush Shetty for Applicant.
Ms. A.A. Takalkar, A.P.P. for Respondent-State.
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 2nd May 2024.
P.C. :
(1) This is an Application for suspension of sentence and enlarging
the Applicant on bail.
(2) Applicant is convicted under Section 302 of the Indian Penal
Code (I.P.C.) for committing murder of Ranjit Rupa Sardar with a knife on
11th May, 2015 at about 08.00 p.m., by the learned Additional Sessions
Judge, Palghar in Sessions Case No.65/2015, by its Judgment and Order
dated 8th January, 2019.
(3) Perusal of evidence indicates that, the deceased Ranjit Sardar
was addicted to liquor and used to demand money from the residents from
the area of Masoli, Ghachiyapada, Taluka-Dahanu and on that count there
RVC 26 Appa-1214-2019.doc
used to be frequent quarrels between the residents of the said locality.
Applicant was a Bhel Vendor. The deceased also used to demand money
from the Applicant. On the date and time of the alleged incident, the
deceased demanded money from the Applicant, upon which a quarrel
ensued. It appears that, the Applicant did not wish to part with his hard
earned money to the deceased for satisfying his addiction of liquor and in
that quarrel, the Applicant assaulted the deceased Ranjit Sardar with a knife
(vegetable/kitchen knife) by giving a blow on the neck of the deceased. The
said incident was witnessed by Smt. Sunita S. Macchi (P.W. 5). The deceased
got unconscious at the scene of the offence itself. He was declared dead
prior to admission in hospital.
(4) The evidence on record prime facie indicates that, the alleged
offence committed by the Applicant may fall within the purview of
Exception-4 of Section 300 of I.P.C. and therefore the said alleged offence
may be under Section 304(II) of the I.P.C.
(5) Record indicates that, the Applicant is behind bars since the date
of his arrest, i.e. 12 th May, 2015 and as of today has undergone
approximately 8 years and 3 months in actual incarceration.
(5.1) Dr. Chaudhry, learned counsel for Applicant, submitted that,
there are no antecedents at the discredit of the Applicant.
(6) In view of the above and during the pendency of the Appeal, we
are inclined to suspend the substantive sentence imposed upon the Applicant
RVC 26 Appa-1214-2019.doc
and enlarge him on bail.
(6.1) Hence, the following Order.
(i) Applicant shall be released on bail in Sessions Case
No.65/2015 arising out of C.R.No.61/2015, registered with
Dahanu Police Station, District Palghar, on his furnishing P.R.
bond in the sum of Rs.25,000/- with one or two separate local
sureties in the like amount.
(ii) After his release from jail and during the pendency of the
Appeal, the Applicant shall attend Dahanu Police Station,
District Palghar, on every first Monday of the month between
10.00 a.m. and 12.00 noon initially for a period of one year.
After end of one year, the Applicant shall attend Dahanu
Police Station, District Palghar, on every 1st Monday of every 3rd
Month between 10:00 a.m. and 12:00 noon. The Applicant thus
shall attend Dahanu Police Station, District Palghar, four times in
a year during the pendency of the present Appeal.
(iii) In case of two consecutive defaults in complying with the
aforestated conditions, the Prosecution is at liberty to file an
Application for cancellation of his bail.
(iv) Applicant shall inform his prospective residential address
to the trial Court. The Applicant shall keep informed the trial
RVC 26 Appa-1214-2019.doc
Court of any change in his residential address and his mobile
number, on which he can be contacted.
(v) Applicant shall make himself available at the time of final
hearing of the Appeal.
(7) Application is accordingly allowed in the aforesaid terms.
( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )
RAJESH by RAJESH
VASANT CHITTEWAN
CHITTEWAN Date: 2024.05.09
11:26:17 +0530
