MUNNA @ DIGVIJAY SAMBHAJI NIMHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants/appellants have fled this application for bail and suspension of sentence imposed upon the applicants/appellants by the judgment and order dated 19.07.2019 in Sessions Case No.652 of 2013. They were prosecuted by Chaturshrugi Police Station, Pune for the offences punishable under Sections 302, 452, 147, 148, 307, 427 r/w. 149 of IPC, 3(25) of the Arms Act and 37(1)/135 of Bombay Police Act. They have been convicted by Additional Sessions Judge, Pune for the offence punishable under Section 302 read with Section 34 of the IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.15,000/- each and in default of payment of fine, they have been directed to suffer further RI for three months each and for the offence punishable under Section 452 read with Section 34 of the IPC and sentenced to undergo imprisonment for three years and to pay fine of Rs.5000/- each and in default of payment of fine they shall suffer further RI for three months each. They have challenged the said sentence by fling Criminal Appeal No.1176 of 2019, wherein the present application is preferred.

(2.) The facts of the present application can be summarised as under:-

(3.) The incident was reported to Chaturshungi Police Station, Pune. Accordingly, the police rushed to the spot. The deceased/Pratik was taken to Sancheti Hospital where he was declared dead. Hence, his dead-body was referred for postmortem. The Investigating Officer recorded FIR of the informant/Kirti. The Investigating Officer prepared spot-cum-seizure panchanama in presence of the panch witnesses and seized the articles lying on the spot. The Investigating Officer also prepared inquest panchnama and collected postmortem report of the deceased/Pratik. The statement of witnesses were recorded. The seized weapons and other articles were sent to Chemical Analysis and ballistic experts for analysis. The applicants/appellants alongwith other accused- persons were arrested. Applicant No.1 came to be released on bail on 02.01.2014, but after his conviction he was taken into custody on 09.04.2019, hence, he is in custody since the said date. Applicant Nos.2 and 3 were arrested on 14.04.2013 and they were in custody till 20.11.2014. Thereafter, from 09.12.2014 they are in custody till today.