Disposed

Santosh Rambhau Daf v. the State of Maharashtra Thr. Pso Ps Wadner Tah.Hinganghat Dist.Wardha

Bombay HC5 Mar 2024APPA/257/2024

Case brief

AI extract

What is this about?

Applicant convicted under Section 302/34 IPC with his two sons for an axe and stick assault on a gambling man sought suspension of sentence pending appeal. Citing age (68), variance in eyewitness accounts of his role, and delay in appeal hearing, the court suspended sentence till disposal of appeal.

What did the court decide?

Execution of substantive sentence suspended till disposal of Criminal Appeal No.140 of 2024; release on P.R. bond of Rs.50,000 with one solvent surety, subject to deposit of fine.

Santosh Rambhau Daf vs the State of Maharashtra… — Murder and Culpable Homicide | Bombay HC (2024)

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44-appa 257-24.odt

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2024:BHC-NAG:10443-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLICATION (APPA) NO. 257 OF 20 24 I N

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CRIMINAL APPEAL NO.140 OF 2024

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Santosh Rambhau Daf -Vs-State of Maharashtra

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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------ -------------------------------------------------------------------------------------------------------Mr.R.M.Daga, counsel for the applicant.

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Ms.Kavita Bhondge, A.P.P for respondent-State.

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CORAM VINAY JOSHI & MRS. VRUSHALI V. JOSHI, JJ. DATE : 18^th SEPTEMBER, 2024.

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Heard.

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This is an application seeking suspension of execution of sentence to the extent of applicant (accused No.3) Santosh Rambhau Daf passed by Additional Sessions Judge (Court No.2) Hinganghat in Sessions Case No.140 of 2017.

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Applicant Santosh Rambhau Daf along with his two sons have been convicted for the offence punishable under Section 302 r/w 34 of the Indian Penal Code. It is the prosecution case that the deceased along with his companions was seated in public place and were gambling. At the relevant time, all accused arrived, assaulted the deceased by means of axe and stick which took the life.

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The learned counsel appearing for the applicant took us through the evidence of three eye witnesses i.e. PW-1Pravin, PW-4 Dnyaneshwar and PW-5 Nilesh. It is pointed out that the consistent allegations about the assault by axe are against co-accused Vinod. Though it is submitted that there is

Kavita

44-appa 257-24.odt

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variance about the role of applicant, everyone states that he was holding stick, however, PW-4 is silent about the role of applicant. Moreover, it is argued that PW-5 has not disclosed the role of the applicant in his statement before the Magistrate.

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Besides that it is submitted that the applicant is 68 years of age. His both sons are behind bars and particularly, during trial, he was on bail. Considering all above aspects and particularly, appeal will take it’s own time for hearing, we deem it appropriate to exercise our judicial discretion.

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In view of above, application is allowed. Execution of substantive sentence passed by Additional Sessions Judge (Court No.2) Hinganghat in Sessions Case No.140 of 2017 against the applicant Santosh Rambhau Daf shall stands suspended till the disposal of appeal.

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The applicant shall furnish P.R bond of Rs.50,000/- (Rs. Fifty thousand only) with one solvent surety of like amount.

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The trial court shall ensure deposit of entire fine amount imposed against the applicant before issuance of release warrant.

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The criminal application stands disposed of in above terms.

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JUDGE

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JUDGE

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Signed by: Kavita P Tayade Designation: PA To Honourable Judge Kavita Date: 19/09/2024 15:15:22

Santosh Rambhau Daf v. the State of Maharashtra Thr. Pso Ps Wadner Tah.Hinganghat Dist.Wardha

Case brief

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Santosh Rambhau Daf v. the State of Maharashtra Thr. Pso Ps Wadner Tah.Hinganghat Dist.Wardha

Case brief

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What did the court decide?

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