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Bombay High Court
Sandip Shivaji Deore And Others vs The State Of Maharashtra on 2 December, 2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
918 CRIMINAL APPLICATION NO. 4442 OF 2025
IN APEAL/893/2025
Sandip Shivaji Deore And Others
VERSUS
The State Of Maharashtra
...
Mr. Mukul S. Kulkarni - Advocate for Applicant
Mr. B. A. Shinde - APP for State
...
WITH
CRIMINAL APPEAL NO. 893 OF 2025
...
CORAM : NEERAJ P. DHOTE, J.
DATED : 02ND DECEMBER, 2025
PER COURT : -
1. Heard the learned Advocate for the Applicants/Appellants
and the learned APP for the State. Perused the relevant evidence with
their assistance.
2. The Applicants/Appellants are convicted and sentenced by
the learned Additional Sessions Judge, Dhule, in Sessions Case No. 245
of 2019, by Judgment and Order dated 17.11.2025, as follows: -
"ORDER
(1) Accused Nos. (i) Sandip Shivaji Deore (ii) Vishal Shivaji Deore,
(iii) Bhauaheb Bhatu Deore and (iv) Kiran Dadaji Deore, All
R/o. Surpan Tal. Sakri Dist. Dhule, are hereby convicted for the
offense punishable under Section 304 part II r/w Section 34 of
the IPC vide Section 235 (2) of the Code of Criminal Procedure
and they are sentenced to suffer Rigorous Imprisonment for a
term of 5 years each and to pay fine of Rs. 10,000/- (Rs. Ten
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Thousand Only) each. In default of payment of fine, they are
sentenced to suffer Rigorous Imprisonment for one year.
(2) Accused Nos. (i) Sandip Shivaji Deore (ii) Vishal Shivaji Deore,
(iii) Bhauaheb Bhatu Deore and (iv) Kiran Dadaji Deore, All
R/o. Surpan Tal. Sakri Dist. Dhule, are hereby convicted for the
offense punishable under Section 323 r/w Section 34 of the IPC
vide Section 235 (2) of the Code of Criminal Procedure and they
are sentenced to suffer Rigorous Imprisonment for a term of 6
months each and to pay fine of Rs. 500/- (Rs. Five Hundred
Only) each. In default of payment of fine, they are sentenced to
suffer Rigorous Imprisonment for one month.
(3) Accused Nos. (i) to (iii) were in custody from 20/06/2019 to
13/12/2019, and Accused No (iv) was in custody from
20/06/2019 to 23/11/2019. Set off as per Section 428 of the
Code of Criminal Procedure, be given to them for the period,
undergone by them during the investigation and trial.
(4) Both the sentences to run concurrently.
(5) Accused Nos. (i) to (iv) shall surrender their bail bonds.
(6) Accused persons are hereby acquitted of the offense punishable
under Section 302, 504, 506 r/w 34 of the I. P. C. vide Section
235 (1) of the Cr. P. C.
(7) Seized Muddemal Property, being worthless, be destroyed, after
appeal period is over.
(8) Entire amount of fine, if recovered, be paid to informant Vishal
Ratilal Sonawane, as compensation, after appeal period is over.
(9) Copy of this judgment be provided to accused, free of cost.
(10) Accused are made aware of their right to file appeal before the
Hon'ble High Court against the judgment of conviction and
sentence."
3. The Prosecution's case is reproduced from the impugned
Judgment and Order as follows:-
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"02. On 19/06/2019 around 9:30 pm P. W. 2 the informant
Vishal Ratilal Sonawane and his father Ratilal Vishram
Sonawane / deceased were about to sleep in the courtyard
of their house by placing cots. At that time, accused No 3
and Uttam Vishram Sonawane, the uncle of informant
were shouting loudly under the influence of liquor in the
house of Uttam Sonawane. The informant's father asked
accused No. 3 to remain silent and let them sleep as they
were exhausted due to agricultural work in the field for
the whole day. On hearing that accused No 3 got furious
and he slapped twice the informant's father and hurled
abuses in filthy language to him. The informant's father
also slapped accused No. 3. Then accused No. 3 left the
spot on motorcycle in fit of anger.
03. It is alleged that at about 10:00 pm accused No. 3 again
arrived there with his wife Anitabai and relatives namely
accused No. 1 Sandip Deore, accused No. 2 Vishal Deore
and accused No. 4 Kiran Deore. When the informant and
his father were sleeping in the courtyard of their house, all
the accused abused them in filthy language. When
informant and his father attempted to give understanding
to them, they inflicted repeated fist blows on the chest and
stomach of informant's father and threatened him to kill.
At that time the relatives of informant rescued him and his
father from the clutches of the accused persons. As the
father of informant was severely injured, the informant
and his relatives took him to Rural Hospital, Sakri in
private vehicle. At 10:50 pm doctor Gohil after
examination declared the informant's father dead."
4. The relevant evidence is that of PW2, who is son of the
Deceased. His evidence show that, on the day of incident i.e.
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19.06.2019, the Applicant/Appellant and others slapped the Deceased
and the Deceased also slapped him and thereafter, the
Applicants/Appellants beat him and his deceased father with hands and
fists when they had slept. However, the final cause of death as per
medical evidence is 'Coronary Artery Disease'. The sentence awarded by
the learned Court is short term sentence. The Applicants/Appellants
were on bail during the trial. Thus, total period of imprisonment till
now is little over six (6) months. The Appeal is recently admitted and
there is no possibility of Appeal being finally heard in the near future.
In this view of the matter, the following order is passed:
ORDER
[i] The Application is allowed.
[ii] The sentence imposed upon the Applicants/Appellants by
the learned Additional Sessions Judge, Dhule, in Sessions
Case No. 245 of 2019, by Judgment and Order dated
17.11.2025, is hereby suspended till the final decision of the
Appeal. The Applicants/Appellants be released on bail on
their furnishing personal bond of Rs.15,000/- [Rupees
Fifteen Thousand] each, with one or two sureties in the like
amount.
[iii] Bail before the Trial Court.
[iv] The Application stands disposed off.
[NEERAJ P. DHOTE]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 02/12/2025 18:48:58
