SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Murlidhar S/O. Sabaji Bachkar And … vs The State Of Maharashtra on 27 February, 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

906 CRIMINAL APPLICATION NO.632 OF 2020
IN
CRIMINAL APPEAL NO.186 OF 2020

MURLIDHAR SABAJI BACHKAR AND ANR
VERSUS
THE STATE OF MAHARASHTRA

Mr. V.D. Sapkal, Senior Advocate i/b Mr. S.R. Sapkal, Advocate for appellants
Mr. P.G. Borade, APP for respondent

CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 27th FEBRUARY, 2020

PER COURT :

1 Heard both sides. Present applicants are the original accused

Nos.2 and 3, who have been convicted by learned Additional Sessions Judge,

Newasa in Sessions Case No.14/2018 for the offence punishable under

Section 498(A) read with Section 34 of the Indian Penal Code. It will not be

out of place to mention here that original accused No.1 has been held guilty

for the offence punishable under Section 302 of the Indian Penal Code and

has been sentenced to undergo imprisonment of life and to pay fine of

Rs.10,000/-, in default to suffer simple imprisonment for six months.

::: Uploaded on – 28/02/2020 29/02/2020 08:09:33 :::
2 Cri.Appln_632_2020

However, taking into consideration the conviction of the present accused

persons which is thus –

1 Accused No.1) Kishor Murlidhar Bachkar, 2) Murlidhar Sabaji
Bachkar and 3) Tanhabai Murlidhar Bachkar, all resident of Watapur,
Taluka Newasa, District Ahmednagar are convicted under Section 235
of the Code of Criminal Procedure, 1973 for the offence punishable
under Section 498A read with Section 34 of the Indian Penal Code,
1860, and sentenced to undergo rigorous imprisonment for two years
and to pay fine of Rs.5,000/- (Rs. Five thousands) each, in default, to
suffer simple imprisonment for three months more.

2 Accused No.1) Kishor Murlidhar Bachkar, resident of Watapur,
Taluka Newasa, District Ahmednagar, is hereby convicted under Section
235 of the Code of Criminal Procedure, 1973 for the offence punishable
under Section 302 of the Indian Penal Code, 1860 and sentenced to
undergo imprisonment for life and to pay fine of Rs.10,000/- (Rs. Ten
thousands), in default to suffer simple imprisonment for six months
more.

2 All the accused persons have been acquitted of the offence

punishable under Section 3 and 4 of the Dowry Prohibition Act and under

Section 323, 504, 506, 304-B, 201 read with Section 34 of the Indian Penal

Code.

3 It appears that the prosecution had solely relied on the testimony

::: Uploaded on – 28/02/2020 29/02/2020 08:09:33 :::
3 Cri.Appln_632_2020

of the informant to prove the case against the present accused persons, which

was certainly not under Section 302 of the Indian Penal Code. The

prosecution case as well as the testimony of PW 2 states, that the present

applicants-appellants used to ill-treat the deceased by taking out sim card

from the cell phone of the deceased and the ill-treatment was on the count of

not begotten any child. Since the appellants have been acquitted of the

Section under Dowry Prohibition Act, we need not go into the evidence that

is adduced or statements that have been made in respect of alleged demand

of the amount. Further, it appears from the cross-examination of the

informant that only the original accused No.1 and the deceased used to stay

separately in Ahmednagar since about a year prior to the incident.

Therefore, taking into consideration this evidence and the fact, that the

sentence, that has been, imposed on the appellants is small sentence, they

were on bail throughout the trial and the impugned order does not say

anything that they have misused the liberty; till the hearing and conclusion of

the criminal appeal they deserve to be released on bail by suspending the

sentence. Hence, following order.

ORDER

1 Application stands allowed.

::: Uploaded on – 28/02/2020 29/02/2020 08:09:33 :::
4 Cri.Appln_632_2020

2 The substantive sentence imposed on the applicants in Sessions

Case No.14/2018 by Additional Sessions Judge, Newasa on 13.02.2020 is

hereby suspended till hearing and conclusion of Criminal Appeal No.186 of

2020.

3 Each of the appellants be released on P.R. of Rs.30,000/- with

two sureties for each of them of Rs.15,000/-.

4 Bail before Trial Court.

5 The applicants shall not commit any offence, especially as

regards the prosecution witnesses are concerned.

( Smt. Vibha Kankanwadi, J. )

agd

::: Uploaded on – 28/02/2020 29/02/2020 08:09:33 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation