Criminal Appellant applying for suspension of life sentence and bail pending appeal against conviction for murder. High Court rejected the interim application, holding sufficient evidence existed and the offence was serious.
Interim application for suspension of sentence and grant of bail stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DAE 51-IA-2962-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2962 OF 2022
IN
CRIMINAL APPEAL NO. 426 OF 2020
Rahul Rama Sargar ...Applicant/Appellant
Versus
The State of Maharashtra...Respondent
Mr. Satyavrat Joshi Advocate for Applicant/Appellant.
Mr. S. S. Hulke, APP for Respondent-State.
Digitally signed by DNYANESHWAR DNYANESHWAR ASHOK ETHAPE ASHOK ETHAPE Date: 2023.06.08 16:10:05 +0530
CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ. DATE : 19th APRIL 2023.
P.C.:-
1.This is an application for suspension of sentence and grant of bail
during the pendency of Criminal Appeal preferred by the applicant
challenging the judgment of conviction.
2.The applicant/appellant has been convicted vide judgment and order
dated 7th February 2020 passed by learned Sessions Judge, Sangli in
Sessions Case No. 20 of 2016 for offence punishable under Section 302 of
the Indian Penal Code and sentenced to suffer imprisonment for life.
3.The case of the prosecution is that the applicant/accused No.1
assaulted the deceased Rajkumar Shingade with knife by giving blow on his
abdomen. Bhaskar Shingade/accused No.2 assaulted another person
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DAE 51-IA-2962-2022.doc
Sandipan on his face and stomach with knife. The other accused assaulted
the victims by giving fist and kick blows.
4.Learned Advocate for the applicant submitted that, the applicant is in
custody for substantial period of time. The applicant has been falsely
implicated on account of enmity. Counter case was filed by co-accused
Bhaskar Shingade alleging that, victims and others had assaulted him and
other accused. The offences were registered under Sections 143, 147, 148,
323, 324, 504, 506 read with 149 of IPC. The applicant was arrested on 1st
September 2015. The appeal may not be heard within short span of time.
The prosecution case suffers from contradictions and improvements. The
case of the prosecution is based on interested witnesses. The incident took
place by way of sudden quarrel and there was no intention to commit
murder.
5.Learned APP submitted that, the incident is of serious nature. Two
persons were killed by the accused. The applicant was armed with weapon
which was used in assaulting the victim.
6.PW-1 Ramchandra Shingade is the eye witness to the incident. He has
stated that, applicant/accused No.1 Rahul Sargar gave blow by knife upon
Rajkumar Shingade. Bhaskar Shingade assaulted Sandipan with knife.
Rahul Sargar assaulted the witness on his right hand. Bhaskar Shingade
assaulted Suresh on his neck. PW-7 Suresh Shingade is another eye witness
to the incident. He has deposed that, accused No.1 Rahul Sargar took out
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DAE 51-IA-2962-2022.doc
knife and gave blow on stomach of Rajkumar. He also assaulted
Ramchandra and Babaso by knife. Accused No.2 assaulted Sandipan with
knife and gave blow on the stomach.
7. There is sufficient evidence against the applicant. The offence is of serious nature. No case is made out to suspend the sentence and grant of bail.
ORDER
(i) Interim Application No. 2962 of 2022 stands rejected.(PRAKASH D. NAIK, J.)
(A. S. GADKARI, J.)
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2 issues framed by the court
Whether the High Court was justified in refusing to suspend the sentence and grant bail to a life convict during the pendency of his criminal appeal.
Whether sufficient evidence exists to deny bail in a case involving murder under Section 302 IPC where the offence is of serious nature.
1 provisions across 1 enactments
Rahul Rama Sargar
The State of Maharashtra
A. S. Gadkari
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court