Bombay High Court
Ajinkya S/O. Rajesh Telgote vs The State Of Mah. Thr. Pso, Ps Midc, ... on 10 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10295-DB 933-appa-1169-23.odt
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO.1169 OF 2023
IN
CRIMINAL APPEAL NO. 723 OF 2023
1.
Ajinkya Rajesh Telgote -Vs-The State of Maharashtra
-------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
------ --------------------------------------------------------------------------------------------------------
Mr.U.P. Dable, counsel for the Applicant.
Mr.N.H.Joshi, A.P.P for non-applicant-State
CORAM VINAY JOSHI &
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 10th SEPTEMBER,2024
1. Heard.
2. This is an application seeking suspension of
execution of sentence passed by District Judge-11 and
Additional Sessions Judge, Nagpur, vide judgment and
order dated 04.10.2023 in Sessions Case No.837 of 2019,
whereby the applicant-accused has been convicted for the
offence punishable under Section 302 of the Indian Penal
Code and sentenced to undergo imprisonment for life.
3. The applicant's learned counsel would submit
that the trial court seriously erred in appreciating the
evidence, since in absence of cogent and reliable
material, the trial court has convicted the applicant. It is
argued that the case is totally based on circumstantial
evidence, however, the prosecution has not established
either of the circumstance to the satisfaction and
Kavita
933-appa-1169-23.odt
therefore, there are reasonable chances of reversal of the
judgment and order of conviction.
4. The learned APP resisted this application by
contending that though the case is based on
circumstantial evidence, however, discovery of a weapon
and personal articles of the deceased at the instance of
the accused is a clinching material. Besides that there is
evidence of extra judicial confession and thus, the
applicant does not deserve for suspension.
5. With the assistance of both the sides, we have
gone through the impugned judgment as well as the
evidence of all the witnesses. It reveals that most of the
witnesses turned hostile to the prosecution. The evidence
remained to be of PW-9 father of the deceased, PW-10,
Medical Officer and PW-11 Investigating Officer.
Admittedly, the father of the deceased has no concern
with the alleged disclosure. He has been examined on
the point of extra judicial confession however, concededly
the person to whom alleged extra judicial confession was
made is not examined thus, there is serious dent on the
said piece of evidence.
6. The evidence of Medical Officer relates to
cause of death, which is not material at this stage. The
prosecution has examined Investigating Officer, through
whom alleged discovery has been proved. It is his
evidence that at the instance of accused, the police have
seized weapon namely, iron rod, mobile, wallet, and
motor cycle of the deceased. It is brought to the notice
that none of the panch witnesses in whose presence
Kavita
933-appa-1169-23.odt
disclosure has been made is examined. Thus, at the most,
there can be a single circumstance about discovery of
incriminating material. It is a matter of appreciation
whether said sole circumstance can be relied. However,
considering the tenor and the material available against
the accused, we are sure that here are arguable points in
the appeal. If the accused succeeds, the position would
become irreversible. Having regard to all above facts, we
hold that a case for suspension and grant of bail has been
made out.
7. In view of above, the application is allowed.
We, hereby, suspend the execution of substantive
sentence passed by District Judge-11 and Additional
Sessions Judge, Nagpur, vide judgment and order dated
04.10.2023 in Sessions Case No.837 of 2019 against the
applicant namely, Ajinkya Rajesh Telgote till the disposal
of the appeal.
8. In the meantime, the applicant shall furnish
P.R. bond of Rs.50,000/-(Rupees fifty thousand only)
with one solvent surety of like amount.
9. The applicant shall attend concerned Police
Station on the first Monday of every month between
10.00 a.m. to 12.00 noon till the conclusion of the
appeal.
10. The application stands disposed of in above
terms.
JUDGE JUDGE
Signed by: Kavita P Tayade
Designation: PAKavita
To Honourable Judge
Date: 13/09/2024 17:09:14
