Bombay High Court
Namdeo Indrabhan Sarokte vs The State Of Maharashtra on 2 September, 2024
2024:BHC-AUG:20078
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3695 OF 2024
IN
CRIMINAL APPEAL NO. 775 OF 2024
Namdeo Indrabhan Sarokte,
Age : 46 years, Occu. : Agriculture,
R/o. Jahagirdar Wadi,
Tal. Akole, Dist. Ahmednagar .... Applicant.
Versus
The State of Maharashtra,
Through P.S.O. Rajur Police Station,
Tal. Akole, Dist. Ahmednagar .... Respondent.
...
Mr. Vinod Yashwantrao Bhide, Advocate for Applicant.
Mrs. Ashlesha Deshmukh, APP for Respondent - State.
...
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 30 AUGUST 2024
PRONOUNCED ON : 02 SEPTEMBER 2024
ORDER :
1. The applicant prays for suspension of substantive
sentence and grant of bail during pendency of above appeal, which
is arising out of judgment and order of conviction recorded by
Additional Sessions Judge, Sangamner, District Ahmednagar in
Sessions Case No.23 of 2013 convicting applicant/appellant for
offence punishable under section 325 of Indian Penal Code (IPC).
2. It is submitted that, applicant faced above trial on
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allegation of committing murder of one Prabhakar. However, it is
pointed out that, accused persons were acquitted from the charge
of sections 302, 504 r/w section 34 IPC and conviction has been
recorded for offence under section 325 IPC. It is pointed out that,
there are mere allegations of beating by fist and kick blows. That,
there were no external injuries. That, deceased was addicted to
liquor and while he was under influence of liquor, the incident had
taken place. That, there were no internal injuries also. That death
is due to internal bleeding. Learned counsel pointed out that, main
accused has already died. Present applicant was accused no.2.
Since beginning, he was on bail. That, even after conviction, trial
court suspended the sentence till today. That, case of prosecution
was rested on 08 witnesses. That, alleged incident was of
25.03.2013. Death has taken place on 26.03.2023, autopsy was
conducted on 27.03.2013 and two days thereafter instant FIR has
been lodged. Therefore, there is a very good case in appeal.
However, it will take long time to be heard and decided and hence
prayers for suspension of sentence as well as grant of bail are
pressed into service.
3. Learned APP strongly opposed the application by
pointing out that assault resulted in death. That, there are
external as well as internal injuries. That, autopsy doctor has
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attributed death due to beating. That, there is an eye witness
account. Therefore, considering the serious offence, she prayed
that, relief as prayed may not be granted.
4. After considering the submissions of both side and on
going through the papers, it seems that, incident took place on
25.03.2013 in the evening. Mother-in-law of deceased Prabhakar
seems to have set law into motion. She has alleged that, her son-
in-law was given beating by Namdeo Rama Sarokte and Namdeo
Indrabhan Sarokte. Papers show that, deceased Prabhakar died on
26.03.2013. Autopsy Surgeon has issued opinion about death to be
due to shock following blunt internal injuries. Apparently,
occurrence is of 25.03.2013 and death has taken place on
26.03.2013 and autopsy was conducted on 27.03.2023 and
thereafter FIR seems to have been lodged. Prima facie allegations
are of giving beating.
5. Upon trial, there is acquittal from charge under section
302 IPC, conviction is recorded for offence under section 325 IPC.
Allegations of beating are attributed against two persons.
6. Taking the above material into consideration and the
fact that applicant was on bail during trial and even when trial
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court has suspended the sentence till today, relief as prayed
deserves to be granted. Hence, I proceed to pass the following
order:-
ORDER
(i) Criminal Application stands allowed.
(ii) The substantive sentence imposed on the applicant
Namdeo Indrabhan Sarokte in Sessions Case No.23
of 2013 by learned Additional Sessions Judge-1,
Sangamner, District Ahmednagar on 31.07.2024
stands suspended till the final hearing and disposal
of Criminal Appeal No.775 of 2024.
(iii) The applicant be released on P.R. Bond of
Rs.15,000/- (Rs. Fifteen thousand only) with two
solvent sureties in the like amount.
(iv) The applicant shall not commit any criminal
activity.
(v) The applicant shall remain present before the
learned trial Judge once in six months, till final
hearing and disposal of the appeal, commencing
from the date he tenders bail papers and
thereafter, the trial Judge to fix dates for their
subsequent appearances.
(vi) In case of two consecutive defaults on the part of
the applicant to remain present before the trial
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Court, the trial Court to inform this Court about the
same and in that eventuality, the prosecution
would be at liberty to file an application for
cancellation of the bail granted to the applicant.
(vii) Bail before the trial Court.
(ABHAY S. WAGHWASE, J.)
Tandale
