Shankar Bajrang Shinde vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

Shankar Bajrang Shinde vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Suspension of sentence and enlargement of the Applicant (Shankar Bajrang Shinde) on bail pending hearing and final disposal of Criminal Appeal No.1151 of 2024, on furnishing P.R. bond of Rs.15,000/- with one or two sureties in the like amount, subject to conditions: reporting to the trial Court once in six months till disposal of the appeal; keeping the trial Court informed of address/mobile details; and upon two consecutive defaults, report to the High Court with liberty to the prosecution to seek cancellation of bail.

Issue for consideration

Whether the Applicant, aged 80 years and convicted under Section 302 IPC (sentenced to RI for life), should have his sentence suspended and be enlarged on bail pending hearing and final disposal of Criminal Appeal No.1151 of 2024.

Court's answer

Considering the age of the Applicant (80 years) and that the appeal of the year 2024 is not likely to be heard in the near future, the Application is allowed: the Applicant's sentence is suspended and he is enlarged on bail pending the hearing and final disposal of his appeal.

Ratio / Principle

The Applicant is to be enlarged on bail on furnishing a P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount.

Key takeaways

Condition of bail: the Applicant shall report to the trial Court once in six months on the day/date specified by the trial Court, till his Appeal is finally disposed of.ratio¶ORDER (ii)
Condition of bail: the Applicant shall keep the trial Court informed of his current address and mobile contact number and/or any change of residence or mobile details, from time to time.ratio¶ORDER (iii)
Condition of bail: 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.

Detailed headnote1 paragraphs

Bombay High Court (Revati Mohite Dere & Dr. Neela Gokhale, JJ.) allowed Interim Application No.4454 of 2024 in Criminal Appeal No.1151 of 2024 filed by Shankar Bajrang Shinde, aged 80 years, suspending his sentence and enlarging him on bail pending hearing and final disposal of the appeal. The Applicant stood convicted by the learned Addl. Sessions Judge, Vaduj, by judgment and order dated 17th October 2024 in Sessions Case No.28/2012, for the offence punishable under Section 302 IPC, and was sentenced to rigorous imprisonment for life and fine of Rs.5,000/- (in default, simple imprisonment for three months). The Court noted that the prosecution case rested essentially on circumstantial evidence: two witnesses (the Applicant's daughter-in-law and a neighbour) turned hostile, leaving only the finding of blood stains on the Applicant's shirt and motive against him; PW/4, examined for motive, admitted in cross-examination that the deceased had never disclosed to him that her relatives opposed her marriage. Considering the Applicant's age and that the appeal of 2024 was not likely to be heard in the near future, the Court suspended the sentence and granted bail on a P.R. bond of Rs.15,000/- with one or two sureties in the like amount, conditioned on (i) reporting to the trial Court once in six months till disposal of the appeal, (ii) keeping the trial Court informed of current address and mobile contact details, and (iii) upon two consecutive defaults in appearance, a report to the High Court with liberty to the prosecution to apply for cancellation of bail.

42-ia-4454-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.4454 OF 2024

IN

CRIMINAL APPEAL NO.1151 OF 2024

Shankar Bajrang Shinde …..Applicant In the Matter in Between: Shankar Bajrang Shinde …..Appellant Vs. The State of Maharashtra & Anr. …..Respondents

Mr. Shailesh Chavan i/b Mr. Milind Deshmukh, for the Applicant. Mr. K. V. Saste, Addl. PP for Respondent-State

CORAM : REVATI MOHITE DERE &

DR. NEELA GOKHALE, JJ. Date : 1^st APRIL 2025.

P.C.:-

By this Interim Application, the Applicant aged 80 years,

seeks suspension of his sentence and enlargement on bail pending the

hearing and final disposal of the aforesaid appeal.

The Applicant vide judgment and order dated 17^th October

2024 passed by the learned Addl. Sessions Judge, Vaduj in Sessions

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Case No.28/2012 has been convicted for the offence punishable under

Section 302 of the IPC and is sentenced to suffer rigorous imprisonment (RI) for life and to pay fine of Rs.5,000/- in default to undergo simple imprisonment for three months.

Perused the papers. The prosecution case rests essentially on circumstantial evidence, since two witnesses whose evidence would have thrown light on the Applicant’s complicity turned hostile.

It is the prosecution case that the Applicant assaulted his daughter- Asha with an iron pipe and wooden log on 19^th February 2012.

According to the prosecution, the Applicant and his

family members were trying to convince Asha to marry a person of their choice, however, Asha did not respond to the same and Asha disclosed that she would marry a person of another caste. It is alleged that pursuant thereto, the applicant entered Asha’s bed-room, where Asha was sleeping, armed with an iron pipe and wooden log and assaulted Asha on her head. The Applicant’s daughter-in-law and one neighbor turned hostile and as such, did not support the prosecution’s

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case. Thus, the only evidence qua the applicant is finding of blood stains on his shirt and of motive.

The prosecution examined PW/4 Ganesh to prove motive. However, it is pertinent to note that in the cross-examination in Para 4, PW/4 has admitted that the deceased had never disclosed to him that her relatives were also opposing her marriage.

The Applicant was on bail pending trial. Considering the age of the Applicant and the fact, that the appeal is of the year 2024 and is not likely to be heard in the near future, the Application is allowed and the Applicant’s sentence is suspended and he is enlarged on bail pending the hearing and final disposal of his 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.15,000/-, with one or

two sureties in the like amount;

ii) The Applicant shall report to the trial Court,

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once in six months on the day/date specified by the

trial Court, till his 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.

The Application is allowed in the aforesaid terms and is accordingly disposed off.

All concerned to act on an authenticated copy of this order.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.)

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