Bombay High Court
Mohammad Danish Jahid Husain vs The State Of Mah. Thr. Pso, Ps Shegaon, ... on 12 November, 2025
Author: Anil Laxman Pansare
Bench: Anil Laxman Pansare
934.APPA.921.2025.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 921 OF 2025
IN
CRIMINAL APPEAL NO. 416 OF 2023
Mohammed Danish Jahid Husain
Vs.
The State of Maharashtra, through PSO, PS Shegaon, Dist. Buldhana
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. Tabish Mooman, Advocate with Mr. M.R. Pande, Advocate for the
Applicant/Appellant.
Mr. A.B. Badar, APP for the Respondent/State.
CORAM : ANIL L. PANSARE AND RAJ D. WAKODE, JJ.
DATE : 12th NOVEMBER, 2025.
The application has been filed to suspend the
sentence of life imprisonment imposed by the Sessions Court,
Khamgaon, Dist. Buldhana, vide judgment and order dated
18th May, 2023 in Sessions Case No.39/2018.
2. With the assistance of both the sides, we have gone
through the relevant documents. The star witness is PW-3. He
runs a tea centre where the incident occurred. The deceased
had been to his tea centre. He was having tea. At that time,
three persons came in. One of them i.e. the appellant snatched
his mobile, caught hold of his collar, and asked him to come
out. He slapped him. The appellant then took out knife and
assaulted the deceased, who succumbed to the injuries.
3. The post-mortem report and the testimony of the
doctor who conducted it (PW-9) show that there were as many
as nineteen injuries on the person of the deceased. All the
injuries were ante-mortem. The examination of internal injuries
indicates fracture of 3rd rib right side due to stab injury, and
rupture of right side of lung. The cause of death is
haemorrhagic shock due to carotid vessel rupture due to
multiple injury to neck region.
4. Thus, it appears that the deceased was mercilessly
beaten by the appellant. The weapon used is knife. The
evidence of PW-3 indicates that the appellant and two others
came at tea centre with premeditation.
5. The counsel for the appellant submits that the
deceased had instigated the appellant to commit a crime, and
therefore, it is not a cold-blooded murder. The deceased had a
bad eye on the appellant's sister, which resulted into quarrel
between the two.
6. Thus, it appears that the appellant was annoyed
with the conduct of the deceased. As such, the annoyance is
justified, the question, however, is whether such annoyance will
permit appellant to take the law in his hand. The answer is
certainly in the negative.
7. Learned APP, on the point of suspension of sentence,
has relied upon the judgment of the Hon'ble Supreme Court in
the case of Omprakash Sahni Vs. Jai Shankar Chaudhary and
Anr. [2023 SCC OnLine SC 551], wherein, the Court, after
taking note of the settled principles of law, held thus:
"33. Bearing in mind the aforesaid principles of law,
the endeavour on the part of the Court, therefore,
should be to see as to whether the case presented by
the prosecution and accepted by the Trial Court can
be said to be a case in which, ultimately the convict
stands for fair chances of acquittal. If the answer to
the above said question is to be in the affirmative, as
a necessary corollary, we shall have to say that, if
ultimately the convict appears to be entitled to have
an acquittal at the hands of this Court, he should
not be kept behind the bars for a pretty long time till
the conclusion of the appeal, which usually take
very long for decision and disposal. However, while
undertaking the exercise to ascertain whether the
convict has fair chances of acquittal, what is to be
looked into is something palpable. To put it in other
words, something which is very apparent or gross on
the face of the record, on the basis of which, the
Court can arrive at a prima facie satisfaction that
the conviction may not be sustainable. The
Appellate Court should not reappreciate the
evidence at the stage of Section 389 of the CrPC and
try to pick up few lacunas or loopholes here or there
in the case of the prosecution. Such would not be a
correct approach."
8. Thus, the Court is under an obligation to see
whether the case presented by the prosecution and accepted by
the trial Court can be said to be a case in which ultimately the
convict stands for a fair chance of acquittal. If the answer is in
the affirmative, the sentence should be suspended.
9. In the present case, for the reasons stated above, we
do not find that there are fair chances of acquittal, rather the
evidence indicates otherwise.
10. That being so, there is no merit in the application.
The same is accordingly rejected.
CRIMINAL APPEAL NO. 416 OF 2023
11. We are informed that the appellant is in jail since
12th May, 2018. The paper book is ready. We are, therefore,
inclined to hear the appeal finally.
12. List the appeal for final hearing in the week
commencing from 1st December, 2025.
(RAJ. D. WAKODE, J.) (ANIL L. PANSARE, J.)
Vijaykumar
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 12/11/2025 19:31:23
