Santosh Shyamnarayan Dubey @ Pandit vs Union… — Murder and Culpable Homicide | Bombay HC (2025)

Santosh Shyamnarayan Dubey @ Pandit vs Union… — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Suspension of sentence and enlargement of the Applicant on bail pending hearing and final disposal of Criminal Appeal No.1324 of 2024, on furnishing a P.R. Bond of Rs.25,000/- with one or two sureties in the like amount; condition to report to the trial Court once in six months till disposal of the Appeal; to keep the trial Court informed of current address and mobile contact details; and upon two consecutive defaults in appearing, the learned Judge to report to the High Court with liberty to the prosecution to apply for cancellation of bail.

Issue for consideration

Whether the Applicant, convicted under Sections 302 r/w 34 and 120B IPC and Section 27 Arms Act, should have his sentence suspended and be enlarged on bail pending the hearing and final disposal of his criminal appeal.

Court's answer

The Applicant's sentence is suspended and he is enlarged on bail pending the hearing and final disposal of his Appeal (Criminal Appeal No.1324 of 2024), on stated terms and conditions.

Ratio / Principle

The three eye witnesses to the incident (PW/4 Sajid Babul, PW/12 Kamlesh Mitna, PW/13 Mohmad Abdul Rauf Dayala) did not support the prosecution's case and were declared hostile.

Key takeaways

The only evidence qua the Applicant was that his image was captured by the CCTV camera, and no Section 65B certificate had been collected by the Police.ratio¶5
There was recovery of an Activa Scooter at the instance of the Applicant, but the said panch witness also turned hostile.ratio¶6
The Applicant had been in custody since 28th April 2020.ratio

Detailed headnote1 paragraphs

Bombay High Court (Revati Mohite Dere & Dr. Neela Gokhale, JJ.; 1st April 2025) allowed Interim Application No.4928 of 2024 in Criminal Appeal No.1324 of 2024 filed by Santosh Shyamnarayan Dubey, suspending his sentence and enlarging him on bail pending hearing and final disposal of the appeal. The Applicant had been convicted on 20th August 2024 by the learned Sessions Judge, Daman in Sessions Case No.09 of 2020 for offences under Section 302 r/w Section 34 and Section 120B of the IPC and Section 27 of the Arms Act, arising out of an incident of 2nd March 2020 in which three persons allegedly barged into a shop and fired, one person succumbing. Bail was granted because the three eye witnesses (PW/4 Sajid Babul, PW/12 Kamlesh Mitna, PW/13 Mohmad Abdul Rauf Dayala) had turned hostile; the Petitioner admittedly had not fired on the deceased; the only evidence qua the Applicant was his image captured by a CCTV camera for which no Section 65B certificate had been collected by the Police; the recovery panch witness (Activa Scooter) had also turned hostile; and the Applicant had been in custody since 28th April 2020. Conditions imposed: P.R. Bond of Rs.25,000/- with one or two sureties in the like amount; reporting to the trial Court once in six months till final disposal; keeping the trial Court informed of address/mobile changes; and, on two consecutive defaults, report to the High Court with liberty to the prosecution to seek cancellation of bail.

35-apeal-1324-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1324 OF 2024

WITH

INTERIM APPLICATION NO.4928 OF 2024

Santosh Shyamnarayan Dubey …..Applicant Vs. Union Territory Of Dadra Nagar Haveli Daman And Diu & Anr. …..Respondents

Mr. Girish Kulkarni, Senior Counsel a/w Mr. Kripashankar Pandey, Mr. Shyam Tripathi i/b Mr. Vivek B. Pandey, for the Appellant. Mr. H. S. Venegavkar, for Respondent No.1/UT Ms. S. S. Kaushik, APP for Respondent-State

CORAM : REVATI MOHITE DERE &

DR. NEELA GOKHALE, JJ.

DATE : 1^st APRIL 2025.

P.C.:-

Heard learned counsel for the parties.

By this Interim Application, the Applicant 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 20^th August

2024 has been convicted by the Learned Sessions Judge, Daman, at

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Suresh

35-apeal-1324-2024.doc

Daman in Sessions Case No.09 of 2020 for the offences punishable under Section 302 r/w Section 34, Section 120B of the IPC and Section 27 of the Arms Act.

Perused the papers. According to the prosecution, the incident took place on 2^nd March 2020. It is alleged by the prosecution that three people barged into a shop and fired at the persons present. One person succumbed to the said firing.

Admittedly, the Petitioner has not fired on the deceased. The three eye witnesses to the incident in question i.e. PW/4- Sajid Babul, PW/12- Kamlesh Mitna and PW/13- Mohmad Abdul Rauf Dayala, have not supported the prosecution’s case and as such were declared hostile. The only evidence qua the Applicant is that his image was captured by the CCTV camera. However, there was no Section 65B certificate collected by the Police.

Apart from the same, there is recovery of an Activa Scooter at the instance of the Applicant. However, the said panch witness has also turned hostile. The Applicant is in custody since 28^th April 2020. Considering the aforesaid, Application is allowed and the

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Suresh

35-apeal-1324-2024.doc

Applicant’s sentence is suspended and he is enlarged on bail pending the hearing and final disposal of his 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 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

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Suresh

35-apeal-1324-2024.doc

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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Suresh