The High Court suspended the sentence and granted bail to a conviction under Section 302/149 IPC pending appeal, relying on discrepancies in eyewitness accounts and the fact that co-accused were already on bail.
Sentence suspended; applicant enlarged on bail on furnishing P.R. Bond of Rs.25,000/- with one or two sureties.
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.
NISHA Digitally signed by NISHA SANDEEP SANDEEP CHITNISDate: 2024.04.10 13:24:30 CHITNIS +0530
13-ia.430.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.430 OF 2024 IN CRIMINAL APPEAL NO.74 OF 2023
Vitthal Krishna Mhaske …Applicant Versus The State of Maharashtra and Anr. ...Respondents
Mr. Sharad Ghadge a/w Mr. Deepak Jaiswal, Mr. Naresh Jadhav and Mr. Chinmay Sharma, for the Applicant.
Ms. P. P. Shinde, A.P.P for the Respondent No.1– State.
Mr. Rakesh S. Patil, for the Respondent No.2.
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
DATE : 5th APRIL 2024
P.C. :
seeks suspension of his sentence and enlargement on bail, pending the
hearing and final disposal of the aforesaid appeal.
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and order dated 29th November 2022 passed by the learned Additional Sessions Judge, Mangaon, Raigad in Session Case No.1 of 2021 has been convicted as under:
— for the offence punishable u/s. 302 r/w. Section 149 of the Indian Penal Code, to suffer life imprisonment and to pay fine of Rs.50,000/each, in default, to suffer rigorous imprisonment for one year;
— for the offence punishable u/s. 341 r/w. Section 149 of the Indian Penal Code, to suffer simple imprisonment for one month;
— for the offence punishable u/s. 143 r/w. Section 149 of the Indian Penal Code, to suffer rigorous imprisonment for six months;
— for the offence punishable u/s. 147 r/w. Section 149 of the Indian Penal Code, to suffer rigorous imprisonment for two years;
All the aforesaid sentences were directed to run concurrently.
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— The applicant alongwith other co-accused was however
acquitted of the offence punishable under Section 188 of the Indian Penal Code and under Sections 37(1)(a) r/w 135 of the Maharashtra Police Act.
complainant, both oppose grant of bail.
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them after 5 minutes. A perusal of the evidence of PW2-Paresh reveals that when he went near the spot, he saw the deceased-Ganpat was lying down and all the accused including the appellant were assaulting the deceased. PW2-Paresh has stated that the appellant came near him and raised his danduka and told him not to disclose the incident to any person. He has further stated that at that time he was aware that PW1-Smitil, was coming behind him. According to PW2Paresh, he learnt later that the deceased was murdered.
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the applicant’s sentence is suspended and he is enlarged on bail, pending the hearing and final disposal of the aforesaid appeal, on the following terms and conditions:-
ORDER
i) The applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in four months on the day/date specified by the trial Court, till the appeal is finally disposed of;
iii) The applicant shall keep the trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.
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accordingly disposed of.
All concerned to act on the authenticated copy of this
order.
MANJUSHA DESHPANDE, J.
REVATI MOHITE DERE, J.
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1 issue framed by the court
Whether suspension of sentence and bail pending appeal is warranted due to discrepancies in eyewitness testimony?
8 provisions across 2 enactments
Vitthal Krishna Mhaske
The State of Maharashtra
Anr
Revati Mohite Dere
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
