Bombay High Court
Dharmendra Mahadev Waghmode And Anr. vs The State Of Maharashtra And Anr on 23 July, 2025
2025:BHC-AS:31033-DB 21-IA-682-2025.DOC
Rekha Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 682 OF 2025
IN
CRIMINAL APPEAL NO. 92 OF 2025
1. Dharmendra Mahadev Waghmode ...Applicants
2. Ankush Mahadev Waghmode
Versus
The State of Maharashtra and Anr. ...Respondents
Mr.Ritesh Thobde a/w Zubi Ansari, Changdev Shingade and
Darshan Rajpurohit, for the Applicants.
Ms. Kranti Hivrale, APP, for the Respondent No.1-State.
Mr. Shahaji T. Waghmode, for the Respondent No.2.
CORAM: SUMAN SHYAM &
SHYAM C. CHANDAK, JJ.
DATED: 23rd JULY 2025.
PC:-
1. Heard learned Counsel Mr.Ritesh Thobde appearing for the
applicants. Also heard Ms. Kranti Hivrale, the learned APP and Mr.
Shahaji Waghmode, learned Counsel appearing on behalf the
informant-respondent No.2.
2. The applicants, namely, Dharmendra Mahadev Waghmode
and Ankush Mahadev Waghmode were the accused Nos. 2 and 3,
in the Sessions Case No. 10 of 2022 before the Additional Sessions
Judge, Malshiras. They were tried along with another accused viz.
Kiran Mahadev Waghmode for the offences punishable under
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Sections 307, 302, 323, 504, 506 and Section 34 of the Indian
Penal Code ( for short 'IPC').
3. The prosecution story is that, on 19 th October, 2021, the
accused persons had assaulted and fatally injured the deceased i.e.
father of the complainant, leading to his death. An FIR was lodged
by the son of the deceased on 20 th October, 2021 with Natepute
Police Station, based on which Crime No. 365 of 2021 was
registered. According to the prosecution, the accused persons, in
furtherance of their common intention, had assaulted the deceased
with iron pipe, causing his death.
4. On conclusion of trial, by the judgment and order dated 15 th
January, 2022, both the applicants, along with the main accused
Kiran Mahadev Waghmode, were convicted under Sections 302,
504 and 506 of the IPC with the assistance of section 34 of the IPC
and each of them were inter alia sentenced to undergo rigorous
imprisonment for life and also to pay fine of Rs.5,000/- for the
offence punishable under Sections 302 r/w 34 of the IPC with
default stipulation.
5. Assailing the judgment and order dated 15 th January, 2022
passed in Special Case No. 10 of 2022, the applicants have jointly
preferred Criminal Appeal No.92 of 2025, which is pending
disposal before this Court. By filing the present application under
Section 430 of Bhartiya Nagrik Suraksha Sanhita (for short
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'BNNS'), the two applicants have approached this Court seeking
suspension of their jail sentence and for their release on bail.
6. After perusing the records, we find that the prosecution case
is primarily based on the testimony of PW-1, who was examined as
an eye witness to the occurrence. As per the testimony of PW-1, it
is the accused No.1, who had assaulted the deceased with an iron
pipe on the back of his head, which had resulted into grievous
injury leading to his death. Insofar as the evidence against the
present applicants i.e. the accused Nos. 2 and 3 are concerned, it
appears from the testimony of PW-1 that they had merely
threatened the deceased.
7. Mr. Thobde, learned Counsel for the applicants, submits
that there is no cogent evidence on record to suggest involvement
of the applicants in committing the offence under Section 302 of
the IPC. He further submits that there is also nothing on record to
show that there was meeting of minds and/or common intention
between the accused persons to commit the murder of the
deceased so as to invoke section 34 of the IPC.
8. The learned Counsel for the applicants has also submitted
that there is significant improvement in the testimony of PW-1,
insofar as the involvement of the present applicants is concerned
and that is why, the learned trial Court has also not placed reliance
on such testimony of PW-1 wherein it was stated that the accused
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Nos. 2 and 3 i.e. the present applicants had a direct role in
assisting the accused No.1 in assaulting the deceased.
9. Mr. Thobde has also invited our attention to the order dated
15th March, 2022 passed in Anticipatory Bail Application No. 116
of 2022, granting anticipatory bail to the two applicants during
trial, to submit that his clients have not violated the conditions of
the previous bail. It is also the submission of the learned Counsel
for the applicants that his clients would abide by any condition
imposed by this Court for granting bail.
10. Opposing the said submission, the learned APP has argued
that there is sufficient evidence on record to indicate the
involvement of the applicants in committing the offence
punishable under Sections 302 of the IPC. Therefore, this
application be rejected.
11. Mr. Waghmode, learned Counsel for the respondent No.2,
has supported the submissions made by the learned APP. He has
also added that since the dispute is pertaining to the ownership of
land, there is every possibility of further escalation of violence if
the applicants are released on bail.
12. After going through the material on record and upon
considering the submissions advanced by learned Counsel for both
the side, we find that the conviction of the accused persons is
primarily based on the evidence of PW-1, who has ascribed a
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specific role to the accused No.1 in assaulting the deceased.
However, from the testimony of PW-1 i.e. in the eye witness to the
occurrence, we find that there is considerable doubt as regards
their involvement in committing the offence under Section 302 of
the IPC. Although, the PW-1 has deposed that the accused No.2
and 3 had held the hand of the victim so as to enable the accused
No.1 to strike a blow on the head of the deceased, yet, the said fact
was not stated by the witness before the Investigating Officer.
Therefore, it appears that there are material improvements in the
testimony of the PW-1. That apart, from the medical evidence, we
find that there is only one fatal injury on the deceased and the
other two injuries, in all likelihood, had occurred due to falling of
the victim on the ground on being assaulted by the main accused.
13. For the reasons stated herein, we find force in the
submissions of the learned Counsel for the applicants that the
present is a fit case for suspension of the jail sentence of the
applicants and for their release on bail.
ORDER
(i) Applicant No. 1-Dharmendra Mahadev
Waghmode and applicant No.2- Ankush Mahadev
Waghmode shall be released on bail in connection
with C.R. No. 365 of 2021 registered with Natepute
Police Station, Tal. Malshiras, District-Solapur
(Special Case No. 10 of 2022) on their executing P .R.
bond of the sum of Rs.50,000/- each with one or two
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21-IA-682-2025.DOC
sureties in like amount, to the satisfaction of the
learned Trial Court, subject to fulfillment of the
following further conditions:-
(a) The applicants shall maintain good behaviour and
shall not commit any offence or indulge in any anti
social actitivities while on bail.
(b) The applicants shall appear before the concerned
Police Station (Natepute Police Station, Tal. Malshiras)
on the first Saturday of every month between 3:00
p.m. to 5:00 p.m. and shall not leave the jurisdiction
of the said police station without prior permission of
the trial Court.
(c) The applicants shall not threaten or interefere in any
manner with the complainant or any of the witnesses
connected with this case.
14. It is made clear that violation of the above conditions shall
be viewed seriously.
15. The observations made herein-above are prima-facie in
nature and have been made for the limited purpose of disposing of
the bail application.
16. The application is allowed in the aforesaid terms.
(SHYAM C. CHANDAK, J.) (SUMAN SHYAM, J.)
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