Lala @ Lalya Sharuddin Malik v. State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2269 OF 2022 IN CRIMINAL APPEAL NO. 143 OF 2018 Lala @ Lalya Sharuddin Malik Age : 30 years, Having address at Old Chandur Road, Prit Mala, Ichalkaranji, Tal. Hatkangangale, (Presently undergoing sentence at Kalamba Central Jail, Kolhapur) ... Appellant
Versus
The State of Maharashtra ... Respondent ...
Ms. Devyani Kulkarni, Advocate (Appointed) for the applicant. Mr. A.R. Kapadnis, A.P.P. for the Respondent-State. ...
CORAM
:
REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.
DATE :
AUGUST 23, 2022 P.C. :
1.
Heard learned Counsel for the parties.
2.
By this application, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final Digitally signed by SANJAY ASARAM MANDAWGAD Date:
2022.08.29 18:02:42 +0530 disposal of his aforesaid Appeal.
SANJAY ASARAM MANDAWGAD
2/4 3.
Learned counsel for the applicant seeks bail on the ground of parity. She submits that identically placed co-accused - Jotiram @ Jotiba Arvind Kalagate's sentence has been suspended and he is enlarged on bail. She further submits that there is recovery of two Koytas' at the instance of the said co-accused - Jotiram @ Jotiba Arvind Kalagate, like the applicant i.e. Lala @ Lalya Sharuddin Malik, against whom there is recovery of one Koyta and muddy clothes. She submits that apart from the said evidence, there is no other material to connect the applicant with the alleged offence. She further submits that the Chemical Analyser's (CA) Report, with respect to the blood group found on the said weapon is, inconclusive. 4.
Learned APP does not dispute the fact, that the only evidence qua of the applicant is that of recovery of a Koyta and muddy clothes.
5.
We have perused the papers with the assistance of the learned Counsel for the parties.
3/4 6.
Admittedly, the prosecution case rests on circumstantial as well as direct evidence. As far as eye witnesses are concerned, both the eye witnesses i.e. PW-9-Avinash Arun Shinde and PW-3-Shobha Mahadev Chande have turned hostile, and, as such, not supported the prosecution case. The only evidence qua the applicant is recovery of a bloodstained Koyta and muddy clothes at his instance. Admittedly, the blood group found on the said weapon is inconclusive, as evident from the CA Report. Thus, the evidence qua the applicant is identical to that of co-accused - Jotiram @ Jotiba Arvind Kalagate, whose sentence has been suspended and who was enlarged on bail vide order dated 29th June, 2022.
7.
Considering what is stated aforesaid, the application is allowed and the applicant's sentence is suspended and he is enlarged on bail, on the following terms and conditions. Accordingly, we pass the following order :
ORDER
(i) The Interim Application is allowed;
4/4 (ii) The applicant be enlarged on bail on furnishing PR Bond in the sum of Rs.20,000/- (Twenty Thousand Only) with one or two sureties in the like amount;
(iii) The applicant shall report to the trial Court, once in three months on the day/date specified by the trial Court, till his appeal is finally disposed of; (iv) 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;
(v) 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.
8.
The application is accordingly disposed of in the aforesaid terms.
9.
All concerned to act on the authenticated copy of this order.
SHARMILA U. DESHMUKH, J.
REVATI MOHITE DERE, J.