Allowed

Rahul Radhesham Sawale v. the State of Maharashtra

Bombay HC5 Sept 2019APPA/1158/2019

Case brief

AI extract

What is this about?

In a bail application under Criminal Appeal No.53 of 2018, the Court considered the release of an applicant convicted of culpable homicide not amounting to murder. Two prosecution witnesses turned hostile, leading the Court to see no reason to refuse bail. The sentence was suspended with direction to execute a bond.

What did the court decide?

Application allowed; substantive sentence suspended; applicant directed to be released on bail on execution of P.Bond of Rs.15,000/- and furnishing surety.

Rahul Radhesham Sawale Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2019)

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5-APPA-1158-2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.1158 OF 2019 IN CRIMINAL APPEAL NO.53 OF 2018

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RAHUL RADHESHAM SAWALE )...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA )...RESPONDENT

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Mr.Jatin Sahai i/b. C.K.Legal, Advocate for the Applicant.

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Mr.Amit Palkar, APP for the Respondent - State.

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CORAM : A. M. BADAR, J. DATE : 5^h SEPTEMBER 2019

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P.C. :

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1 This is an application for suspension of sentence and releasing the applicant/accused on bail, during pendency of the appeal filed by him. The applicant/accused is convicted of the offence punishable under Section 304 Part-I of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for 10 years apart from direction to pay fine of Rs.3,000/- and in default, to undergo further rigorous imprison for 1 year.

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avk 1/4

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5-APPA-1158-2019.doc

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2 Heard the learned counsel appearing for the

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applicant/accused as well as the learned APP appearing for the State, who opposed the application for bail.

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3 According to the prosecution case, deceased

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Radhesham Sawale was in a habit of consuming liquor and he used to spent all his earnings on liquor. First Informant Laxmi Sawale is his wife, whereas the applicant/accused is his son. The

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First Informant used to work as a maid servant for earning livelihood for the family.

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4 The incident in question took place on 5^th October 2015. On that day, deceased Radhesham Sawale had received his payment and he was consuming liquor throughout the day. In the evening when his wife/First Informant Laxmi Sawale was cooking food, the deceased Radhesham Sawale started abusing her and beating her. In the process of beating, deceased Radhesham Sawale took up a kitchen knife and started giving blows thereof

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avk 2/4

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5-APPA-1158-2019.doc

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on his wife/First Informant Laxmi Sawale. She suffered injuries on her palm. Witnessing the assault on his mother, the applicant/accused intervened and tried to pacify his father. However, his father i.e. deceased Radhesham Sawale started assaulting the applicant/accused and in that scuffle, according to the prosecution case, the applicant/accused took that knife and gave blows thereof on stomach of his father i.e. deceased Radhesham Sawale.

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5 Both eye witnesses to this incident namely Laxmi Sawale – wife and Rajani Sawale – daughter of deceased Radhesham Sawale turned hostile and have not supported the case of the prosecution.

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6 In this view of the matter, I see no reason to refuse

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bail to the applicant/accused. Therefore, the order :

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ORDER

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i) The application is allowed.

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5-APPA-1158-2019.doc

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ii) Substantive sentence of imprisonment imposed on the applicant/accused is suspended and the applicant/accused is directed to be released on bail on his executing P.R.Bond in the sum of Rs.15,000/- and on furnishing surety in like amount.

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iii) The application is disposed off.

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(A. M. BADAR, J.)

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Rahul Radhesham Sawale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rahul Radhesham Sawale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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