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MOOT COURT PRESENTATION

NAME: AKSHAY MADHUKAR DEORE

ROLL NO : 152
LLB III
Presenter for APPLICANT / ACCUSED

Bombay High Court

Sandeep Rajendra Pawar Alias ... vs The State Of Maharashtra
on 22 February, 2019
Bench: A.S. Oka

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.129 of 2019

IN
CRIMINAL APPEAL NO.242 OF 2019

Sandeep Rajendra Pawar ... Applicant

Vs.
The State of Maharashtra ... Respondent

Mr. Amit Mane for the Applicant.

Ms. M.H. Mhatre, APP for the Respondent.

CORAM : A.S.OKA AND

A.S. GADKARI, JJ.

DATE : 22nd FEBRUARY 2019.

1 Heard the learned counsel appearing for the

applicant/accused who has prayed for suspension of
sentence and release on bail.The applicant has been
convicted for the offence punishable under section 302 of
the Indian Penal Code and has been ordered to undergo
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life sentence. The name of the deceased is Deba. The case

is based on circumstantial evidence. Seven circumstances
have been set out by the learned trial Judge in paragraph
53 of the impugned judgment by holding that prosecution
has established said seven circumstances.

2 Prima facie, it appears to us that there is no finding

recorded by the learned trial Judge about the proof of
motive for committing murder. As far as the evidence
regarding last seen together is concerned,PW-6 Jamuna -
widow of the deceased deposed that at 6.00 pm on 9th
January 2016, the applicant and her husband went towards
Ambadgaon. When her husband did not come back, she asked
Ajay to call her husband but the call was not received.
According to her version, at 9.00 pm, the applicant came
to her room and the witness made enquiry with the
applicant about her husband. According to her version,
thereafter, on 10th January 2016 the applicant went to
search the deceased at 11.00 pm.PW-10 - Ajay came back
and informed that the deceased was not found.

3 The dead body of the deceased was found on 10th January

2016 at 4.30 pm. Evidence of PW-7 brings on record that
the deceased was seen in the company of the applicant at
7.00 pm. Evidence of PW-10 discloses that at 9.00 pm on
9th January 2016, the applicant came to the house of the
deceased. He also disclosed that the applicant was seen
in the company of the deceased at 6.00 pm. He
specifically stated that on 10th January 2016, after 8.00
am he met the applicant. Thereafter, he along with the
applicant and one Sharad made search of deceased at
various places, but the deceased could not be found. PW-
10 stated that when he along with the applicant and
Sharad were searching the deceased, the dead body of the
deceased was found in the bushes near a closed
company/industry.
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4 Both PW-6 and PW-10 met the applicant at 9.00 pm on 9th

January 2016. Both of them have not stated that clothes
on the person of the applicant were stained with blood.
PW-10 met the applicant on 10th January 2016. It is not
his version that there were blood stains on the clothes
of the applicant. It was noted that PW-10 stated in his
cross-examination that the deceased disclosed to him on
mobile phone at 7.30pm that he had a quarrel with
somebody at Ambadgaon.
5 Considering the evidence of the prosecution witnesses,
the theory of last seen together becomes a very weak
piece of evidence. Moreover, autopsy surgeon has not
disclosed the time of death. Even the recovery of blood
stained clothes at the instance of the applicant becomes
prima facie doubtful.
6 As the case is based on only circumstantial evidence,
prima
facie case is made out by the applicant to release him on
bail. Accordingly, we pass the following order :-
ORDER

I. The substantive sentence imposed upon the applicant -

Sandeep Rajendra Pawar under the judgment and order dated
26th May 2017 in Sessions Case No.118 of 2016 by the
learned Sessions Judge, Nashik shall stand suspended and
the applicant shall be enlarged on bail in the sum of
Rs.15,000/- in one or two sureties in the same amount;

II. The applicant shall be enlarged on bail subject to

condition of furnishing to the concerned Jail
Superintendent address of place of residence where he
proposes to reside and his contact numbers;

III. Bail is granted subject to condition of the applicant

reporting to the trial Court at 11.00 am on first Monday
of every January and July of every calendar year till the
disposal of the appeal. If such Monday is a Court
holiday, he will report on immediately next Court working
day
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IV. In the event the applicant commits any default, the

concerned trial Court shall forthwith submit a report to
the Registrar (Judicial - I) who shall submit a report to
this Court;

V. Application is disposed of on above terms.

(A.S. GADKARI, J.) (A.S.OKA, J.)