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Bombay High CourtIA/1950/2025disposed off

Ananda Tukaram Sonawane v. State Of Maharashtra And ANR

2025-12-09Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Ranjitsinha Raja Bhonsale2 pages

SKN 15-IA-1950-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1950 OF 2025 IN CRIMINAL APPEAL NO. 628 OF 2024 Ananda Tukaram Sonawane.

...

Applicant.

V/s.

The state of Maharashtra and another.

...

Respondents.

______________________ Mr.Chetan S. Damre with Mr.Omkar S. Banbe for the Applicant. Mr.Ashish I. Satpute, A.P.P. for the Respondent- State. ______________________ Digitally signed by SANJAY KASHINATH NANOSKAR Date:

2025.12.18 10:54:55 +0530 CORAM : A. S. GADKARI AND SANJAY KASHINATH NANOSKAR RANJITSINHA RAJA BHONSALE, JJ.

DATE :

9th DECEMBER 2025.

P.C.:- 1) This is an Application for suspension of sentence and release of Applicant on bail.

2) The Applicant has been convicted under sections 307, 397 and 394 of Indian Penal Code and sentenced to suffer life imprisonment, by the learned Additional Sessions Judge, Malegaon, District- Nashik in Sessions Case No.8 of 2018 by its Judgment and Order dated 3rd November 2023. 3) Heard Mr.Damre, learned Advocate for the Applicant and learned A.P.P. for the Respondent- State. Perused record. 4) The evidence on record indicates that, the Applicant was the neighbour of deceased Shenubai. The motive behind the crime was to 1/2

SKN 15-IA-1950-2025.doc commit robbery of the gold and silver ornaments of the deceased. The Applicant with a view to commit the said offence had entered in the house of deceased Shenubai on 23rd September 2017 between 5.00 to 5.30 p.m. and strangulated her with a rope which was lying in the cow-shed. The deceased initially became unconscious due to strangulation. She was rushed to hospital by her son. When the deceased regained consciousness, she gave oral dying declaration to P.W.-5 i.e. her son and P.W.-8 i.e. her grandson. The dying declaration of the deceased was also recorded in presence of a public servant (P.W.-12). All the three dying declarations are consistent with each other. As per the dying declarations, the Applicant is the author of the present crime.

5) Record prima facie indicates that the Appellant by taking undue advantage of the fact that he was well acquainted and neighbour of the deceased, has committed the present crime.

6) In view of the above, we are not inclined to release the Applicant on bail during the pendency of his Appeal.

6.1) Application is accordingly rejected.

(RANJITSINHA RAJA BHONSALE, J.) (A.S. GADKARI, J.) 2/2