In Interim Application No. 2623 of 2023, the applicant, convicted of murder and attempt to murder, sought suspension of sentence and bail pending appeal. The High Court examined the evidence and held that the case was not fit for bail, rejecting the application.
Application stands rejected and disposed of.
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.
RUSHIKESH VISHNU VISHNU PATIL PATIL Date: 2024.03.21 12:03:39 +0530
41-Ia-2623-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2623 OF 2023
IN
CRIMINAL APPEAL NO. 1183 OF 2022
Rohan Bhimrao Rathod.… Applicant
Versus
State of Maharashtra.… Respondent
Mr. Anush Shetty i/b Dr. Yug Mohit Chaudhry, for the Applicant.
Ms. P. S. Rane, A.P.P, for the Respondent – State.
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
DATE : 15th MARCH 2024
P.C.:
1.Heard learned Counsel for the parties.
2.By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final
disposal of his aforesaid appeal.
3.The applicant vide Judgment and Order dated 5th February,
R.V.Patil 1/3
41-Ia-2623-2023.doc
2022, passed by the learned Additional Sessions Judge, Solapur, in
Sessions Case No. 263 of 2015, has been convicted alongwith the
other co-accused, for the offences punishable under Sections 302, 307
and 397 read with 34 of the Indian Penal Code (“IPC”). For the
offence punishable under Section 302 of the IPC, the applicant
alongwith other co-accused, has been sentenced to undergo rigorous
imprisonment for the remainder of the person’s natural life. Other
substantive sentences have also been awarded for the other offences.
All the sentences were directed to run concurrently.
4.We have perused the evidence of PW-3 and the manner in
which the accused entered the car and threw her and her sister out of
the vehicle, and fled with the jewelry. PW-3 has in detail set out the
manner in which she and her sister were attacked and that in the said
attack, her sister died. PW-3 has identified the applicant, who was
sitting next to her sister, at the relevant time in the vehicle. PW-3’s
sister died. As far as PW-3 is concerned, there was an attempt to kill
her, however, she is lucky to have survived.
R.V.Patil 2/3
41-Ia-2623-2023.doc
5.Though, learned Counsel for the applicant submitted that
the Test Identification Parade (TIP) was not conducted properly, as
mandated, the same which will be considered at the time of final
hearing of the aforesaid appeal.
6.Having perused the evidence of PW-3 and the medical
evidence on record, this is not a fit case to enlarge the applicant on
bail. Accordingly, the Application stands rejected.
7. Application stands disposed of accordingly.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
R.V.Patil 3/3
3 issues framed by the court
Whether the applicant is eligible for suspension of sentence and bail pending appeal in a case involving murder and attempt to murder.
What is the outcome of Interim Application No. 2623 of 2023 filed by Rohan Bhimrao Rathod.
Whether the evidence, including PW-3, supports granting bail to the applicant.
1 provisions across 1 enactments
Rohan Bhimrao Rathod
State of Maharashtra
Revati Mohite Dere
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court