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Prashant Trambak Pawar And Ors vs The State Of Maharashtra on 26 November, 2019

Sachin Digitally signed
by Sachin R. Patil

R. Patil Date: 2019.11.26
17:08:49 +0530
IA-1/19,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1 OF 2019
IN
CRIMINAL APPEAL NO. 1319 OF 2019

1. Prashant Trambak Pawar.
2. Sachin Trambak Pawar.
3. Vimbalbai Trambak Pawar. ..Applicants.
Versus
State of Maharashtra. ..Respondent.

Mr. Rameshwar N. Gite for the Applicants.
Mr. S. S. Hulke, APP for the Respondent-State.

Coram : RANJIT MORE
M. S. KARNIK, JJ.

Date : November 26, 2019.

P. C. :

1. Heard the learned counsel for the Applicants and

learned APP for the Respondent-State. The Applicants were

prosecuted for the offence punishable under sections 302, 201

and 498A read with 34 of the Indian Penal Code, 1860. Upon

trial, they were convicted for the offence punishable under

sections 302 and 201 read with 34 of IPC. They were sentenced

to suffer rigorous imprisonment for life under section 302 and

rigorous imprisonment for 3 years under section 201 of IPC. So

far as the charge under section 498A of IPC is concerned, they

have been acquitted.

patilsr 1/ 4
IA-1/19,

2. Deceased Sarita was the wife of Applicant No.1.

Applicant Nos.2 and 3 are the brother-in-law and mother-in-law of

deceased Sarita. The case of the prosecution is that the

Applicants were suspecting the chastity of Sarita and on that

count they used to abuse and beat her. On 16 th March 2013 at

about 5.57 p.m., brother of Sarita while working in the field

received a call on his mobile phone from Bhausaheb Pawar – the

cousin of Applicant No.1, intimating that Sarita had fell into well

in the afternoon and she was injured and the Applicants had

shifted her to Vaidya Hospital, Malegaon. Thereafter, complainant

immediately intimated about the said message to his parents and

relatives. Complainant along with his mother went to Vaidya

Hospital. On query, the Applicants told complainant that Sarita

slipped and fell into the well and she died of drowning.

3. There is no direct evidence in the form of eye-

witnesses and the prosecution has relied upon the circumstantial

evidence. The circumstances relied upon by the prosecution are

that there was motive of accused to kill Sarita, and secondly, the

injuries on the dead body of deceased Sarita.

patilsr 2/ 4
IA-1/19,

. So far as the motive is concerned, PW-4, PW-5 and

PW-6 have stated that accused were suspecting the chastity of

Sarita and demanding dowry from her parents. On perusal, it

appears that allegation about the chastity by these witnesses are

improvements. The Applicants have already been acquitted of

the charge under section 498A of IPC.

. The prosecution heavily relied upon the medical

evidence which shows that there was incised wound on scaral

area 2cm X 1cm X 0.5cm oblique left lateral area, bruise over

both back of thigh upto knee and abrasion below chin. However,

PW-8 Dr. Mahendra Patil in his cross examination has admitted

that if a woman falls from height in shallow water, then injuries

mentioned in column no. 17 are possible.

4. In above facts and circumstances, coupled with the

fact that the Applicants were on bail during trial and appeal is not

likely to come up for final hearing in near future, we are inclined

to release the Applicants on bail. We accordingly allow this

application. Substantive sentences awarded to the Applicants

shall remain suspended till the final disposal of appeal. The

Applicants be released on bail on executing PR bond in the sum

patilsr 3/ 4
IA-1/19,

of Rs.25,000/- each with one or two sureties of like amount to the

satisfaction of the trial Court. The Applicants shall remain

present in the Court at the time of final hearing of appeal.

5. This application stands disposed of.

[M. S. KARNIK, J.] [RANJIT MORE, J.]

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