Bombay High Court
Bhila Chandra Bhil vs The State Of Maharashtra on 20 September, 2025
2025:BHC-AUG:25557
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
903 CRIMINAL APPLICATION NO. 3607 OF 2025
IN
CRIMINAL APPEAL NO. 699 OF 2025
Chandar Zipa Bhil
VERSUS
The State Of Maharashtra
...
Mr. Chetan H. Deshmukh a/w Mr. Rushikesh Patil, Mr. Harsh Chaudhary
i/b Mr. Krishna P. Rodge - Advocate for Applicant
Mr. M. K. Goyanka - APP for State
...
AND
CRIMINAL APPLICATION NO. 3523 OF 2025
IN
CRIMINAL APPEAL NO. 680 OF 2025
Bhila Chandra Bhil
VERSUS
The State Of Maharashtra
...
Mr. Pramod C. Mayure - Advocate for Applicant
Mr. C. V. Bhadane - APP for State
...
CORAM : NEERAJ P. DHOTE, J.
DATED : 20TH SEPTEMBER, 2025
PER COURT : -
1. These are the Applications for suspension of sentence.
2. The Applicants have been convicted and sentenced by the
learned Sessions Judge, Dhule, vide the Judgment and Order dated 30 th
July, 2025 passed in in Sessions Case No. 61 of 2017, as under : -
"1. The accused Nos. (1) Bhila Chandra Bhil, (2) Chandar Zipa Bhil
and (3) Pravin Omkar Patil are hereby convicted under Section
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235(2) of Cr.P.C. of the offence punishable under Section 306
r/w 34 of the Indian Penal Code and sentenced to suffer rigorous
imprisonment for 10 (Ten) years and to pay fine of Rs.5,000/-
(Rs. Five Thousand only) each, in-default to suffer R. I. for 1
(One) month.
2. The accused Nos. (1) Bhila Chandra Bhil, (2) Chandar Zipa Bhil
and (3) Pravin Omkar Patil are hereby convicted under Section
235(2) of Cr.P.C. of the offence punishable under Section 323
r/w 34 of the Indian Penal Code and sentenced to suffer rigorous
imprisonment for 1 (One) year and to pay fine of Rs.1,000/- (Rs.
One Thousand only) each, in-default to suffer R. I. for 15 days.
3. The accused Nos. (1) Bhila Chandra Bhil, (2) Chandar Zipa Bhil
and (3) Pravin Omkar Patil are hereby convicted under Section
235(2) of Cr.P.C. of the offence punishable under Section 506 (II)
r/w 34 of the Indian Penal Code and sentenced to suffer rigorous
imprisonment for 7 (Seven) years and to pay fine of Rs.5,000/-
(Rs. Five Thousand only) each, in-default to suffer R. I. for 1
(One) month.
4. to 14. ..........."
3. The Prosecution's case, in brief, is that four persons who
were parents and two brothers of the Informant committed suicide due
to harassment at the hands of the Applicants. The Informant's father was
working as a Meson. He was a labourer at the time of construction of
house of Accused No. 1 - Bhila. When the Informant's father went to
demand the wages, he was abused and threatened by Accused No. 1 -
Bhila. The Deceased was asked to leave the village. The Deceased with
his family members left the village for some period. Even thereafter, the
Convicts harassed the Deceased and his family members, and Accused
No. 1 - Bhila alleged that the Deceased caught hold the hand of his
Daughter. Due to the harassment, the Informant's parents and both the
siblings committed Suicide by throwing themselves under the train. The
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Informant also tried to commit suicide, however, she was unsuccessful.
The matter was reported to the Police and Crime came to be registered
for the offences punishable under Sections 306, 323, 337 and 506 of the
Indian Penal Code vide Crime No. 13 of 2017. After the investigation,
the Charge-sheet was filed, and after the Trial, the Applicants along with
one another came to be convicted as above.
4. Heard the learned Advocate for the Applicants and the
learned APP for the State. Perused the papers on record.
5. The suicide note was seized during the course of the
investigation, which was exhibited during the course of the Trial. The
said suicide note reads as under : -
"मु. ब्राम्हणे, ता अमळनेर, जि. जळगांव.
प्रविन ओंकार पाटील गावचे पोलीस पाटील आणि बेटावद व
ब्रम्हने या दोन गावचे लोक बोलाउन मी आसाराम भबुता भिल
मला माज्या परीवार सोबत माला रात्री १२:२० च्या यांनी माला
गावातुन मारहान करुन माला काढन दीले म्हणून मी माज्या
परीवार सोबत आतमाहात्या करीतो माल्यावर खोठ आरोप
घेनारचे नाव भिला चंद्र भिल रा. ब्रम्हने व चन्द्रा झीपा भिल
रा. बेटावद यांनी खोटे आरोप घेतले महनून मी माज्या परीवार
सोबत आतमाहत्या करतो
मी आसाराम भबुता भिल रानार ब्रम्हने याला जबाबदार
फक्त ब्राम्हने गावाच्या पोलीस पाटील हाय यांनी दोन गावाचे
लोक जमा करुन माला मारले महनून मी माज्या पीरवार
सोबत अतमाहात्या करीतो
मी आसाराम भबुता भिल"
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6. Another relevant evidence is that the Informant, who is
examined as PW7, wherein she deposed that the Convicts were
harassing her family and are responsible for the death of her parents
and two Brothers.
7. Even if the Prosecution's evidence is accepted as it is, prima
facie, the essential ingredients of Section 107 of the Indian Penal Code
are not seen. The sentence imposed upon the Applicants is term
sentence. They were on bail during the Trial. The Appeal of the
Applicant in Criminal Application No. 3523 of 2025 is recently admitted
on 12th September, 2025, and the Appeal of the Applicant in Criminal
Application No. 3607 of 2025 is to be admitted. Therefore, the Appeals
would not come up for final hearing in the near future. One of the co-
accused Pravin Omkar Patil has been enlarged on bail by this Court by
suspending his sentence vide order dated 22nd August, 2025. Hence, I
proceed to pass the order :
ORDER
[i] The Applications are allowed.
[ii] The sentence imposed upon the Applicants by the learned
Sessions Court, Dhule, District Dhule, vide the impugned
Judgment and Order dated 30.07.2025 passed in Sessions
Case No. 61 of 2017, is hereby suspended till the final
decision of the Appeals. In the meantime, the Applicants-
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Accused be released on bail on their furnishing personal
bond of Rs.25,000/- each, with one surety in the like
amount.
[iii] The Applicants shall not tamper with the prosecution
evidence and shall not leave Jalgaon District until the
disposal of the Appeals.
[iv] Bail before the Trial Court.
[NEERAJ P. DHOTE]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 20/09/2025 19:32:46
