Pratidnyan @ Gulya Jijing Pawar Vs the State of Maharashtra

1.IA.1.2019 in Appeal.1641.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.1 OF 2019
IN
CRIMINAL APPEAL NO.1641 OF 2019

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Pratidnyan @ Gulya Jijing Pawar,
Age 30 years, R/o.at Kegaon,
Tal.Akkalkot, Dist.Solapur.

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Applicant

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versus

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The State of Maharashtra

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Respondent

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Mr.Rahul B. Vijaymane for applicant.
Mr.A.R.Kapadnis, APP, for State.

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CORAM :PRAKASH D. NAIK, J.

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DATE : 25th September 2020
(LD/VC)

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PC :

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1.This is an application for suspension of sentence and grant of
bail pending appeal preferred by the applicant challenging the
judgment and order dated 14th October 2019 passed by learned
Additional Sessions Judge-3, Solapur convicting the applicant for
offences under Section 332 of IPC and under Section 353 of IPC. The
applicant has been sentenced to undergo rigorous imprisonment for
a period of four years on each count and the sentences were directed
to run concurrently.

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2.Learned advocate for applicant submitted that the applicant
was on bail during trial. He is in custody for a period of about
sixteen months. The sentence of imprisonment is for a period of four
years. Hearing of appeal would take substantial time. He further

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Digitally signed by Manish Manish S. Thatte S. Thatte Date: 2020.09.2811:18:11 +0530

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submitted that injuries sustained by the injured persons were simple
in nature. The applicant had examined defense witnesses. During
the scuffle with police the child fell down in the mud and was
critical. Subsequently the applicant’s child died on 25th August 2018.
He relied upon evidence of DW-3 Dr.Purushottam Tapadia. Reliance
is also placed on the evidence of DW-1 Kajal Pawar (wife of
applicant) and DW-2 Dr.Sanjay Padwal.

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3.Learned APP submitted that there is sufficient evidence against
applicant. The applicant had assaulted public servants which had
resulted in causing injuries. The applicant obstructed the public
servants from discharging their duty. It is submitted that concerned
police station has forwarded police report which states that nine
cases were registered against applicant. He is involved in offences in
State of Karnataka. By crossing the border of District Solapur,
offences were committed by him in State of Karnataka. Learned
advocate for applicant, however, submitted that in three cases
registered in the State of Karnataka, the applicant has been
acquitted. He relied on the judgments of Trial Court. He further
submitted that one case is pending at Solapur which is registered at
the instance of elder sister of applicant. The other cases referred to
by police in their report, were tried to be verified on the website of
Courts at Karnataka but the description of the cases referred to by
the police does not tally.

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4.The alleged incident had occurred on 21st August 2018. It is
alleged that police were on duty. They were in search of wanted
accused and visited village Aurad. They saw one suspect in the
village. They tried to apprehend him. The applicant assaulted them

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with knife. The offences were registered u/s 307, 332 and 353 of
IPC.

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5.The applicant was convicted for the offence u/s.332 and 353
of IPC. He was acquitted for the offence u/s 307 of IPC. Evidence of
PW-10 Dr.Uma Waghmode refers to the nature of injuries sustained
by injured persons. It is stated that injuries were of simple nature.
The applicant has been sentenced to undergo imprisonment of four
years. The applicant has already undergone about sixteen months
imprisonment. The appeal may not come up for haring within short
span of time. The applicant was on bail during trial. Hence on
certain terms and conditions, the sentence of imprisonment can be
suspended.

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6. Hence, I pass following order :

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ORDER

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(i)During pendency of Criminal Appeal No.1641 of 2019, the
sentence of imprisonment awarded by learned Additional Sessions
Judge-3, Solapur in Sessions Case No.19 of 2019 vide judgment and
order dated 11th November 2019, is suspended and the applicant is
directed to be released on bail on his furnishing PR bond in the sum
of Rs.25,000/- with one or more sureties in the like amount;

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(ii)The applicant shall report Mandrup Police Station, Taluka
South Solapur, District Solapur once in a month on every first
Saturday of month between 11 am and 1 pm till decision of appeal;
(iii)The applicant shall not leave jurisdiction of Solapur District
without prior permission of this Court;

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(iv)Interim Application is disposed of.

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7. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or e-mail of a digitally signed copy of this order.

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(PRAKASH D. NAIK, J.)

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MST

Pratidnyan @ Gulya Jijing Pawar v. the State of Maharashtra

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Pratidnyan @ Gulya Jijing Pawar v. the State of Maharashtra

Case brief

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