Bombay High Court
AJAY SHIVAJI PAWARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The application for bail and suspension of sentence was rejected.
Summary
The applicant, accused No.8, was convicted of murder, culpable homicide not amounting to murder and robbery (IPC §§395, 396, 397) and sentenced to life imprisonment with a fine. He sought suspension of the sentence and bail pending appeal, arguing that the prosecution failed to examine independent witnesses, that there was a discrepancy in the eyewitness accounts, and that the Test Identification Parade was unduly delayed. The State contended that the eyewitnesses, especially the injured mother (PW No.3), reliably identified the applicant both at the scene and in the identification parade conducted per the Criminal Manual, and that the delay was justified. The Court examined the testimony of the two eye‑witnesses, the procedural compliance of the identification parade, and the medical evidence confirming homicide, finding the prosecution's case credible and the identification reliable. Consequently, the Court rejected the applicant’s bail plea and refused to suspend the sentence, disposing of the interim application.
Issues considered
- Whether the applicant is entitled to bail and suspension of sentence pending appeal.
- Whether the delay in conducting the Test Identification Parade warrants adverse inference.
- Whether the identification of the applicant by eyewitnesses is reliable under the Criminal Manual.
- Whether the prosecution evidence establishes guilt beyond reasonable doubt.
Legislation cited
- Indian Penal Code, 1860 — s. 395, 396, 397
Subjects
- bail
- suspension of sentence
- identification parade
- eye‑witness testimony
- IPC sections 395 396 397
- criminal procedure
- delay in identification
Judgment
IA-1853 of 2026.odt
Rohit Ghuge
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1853 OF 2026
IN
CRIMINAL APPEAL NO. 688 OF 2026
Ajay Shivaji Pawar …Applicant
Digitally
signed by
Versus
ROHIT
ROHIT RAMDAS
RAMDAS GHUGE
GHUGE Date:
2026.09.08 The State of Maharashtra …Respondent
11:43:03
+0530
_______________________________________________________________
Mr. Ajit Hon a/w Mr. Chetan Arvind Alai, Advocate for Applicant.
Ms. Sangita D. Shinde, APP for Respondent-State.
Mr. Sachin Chavan, PSI, Talegaon Dabhade Police Station.
_______________________________________________________________
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 03rd SEPTEMBER 2026.
PC.
1. The Applicant, who is arraigned as Accused No. 8 in the
proceedings before the Trial Court has approached this Court seeking
suspension of sentence imposed on him vide order and judgment dated
13.01.2026 convicting him for offense punishable under Sections 395,
396, 395, Section 397 of the Indian Penal Code (“IPC”). The Applicant
was sentenced to suffer imprisonment for life and to pay a fine of
Rs.5,000/- and in default to one year rigorous imprisonment for offence
punishable under Section 395 of IPC. The Applicant was sentenced to
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suffer imprisonment for life and to pay fine of Rs.5,000/- and in default
to one year rigorous imprisonment for offence punishable under Section
396 of IPC. The Applicant was sentenced to suffer rigorous
imprisonment for seven years for offence punishable under Section 397
of the IPC. All sentences are directed to run concurrently.
2. Heard, Mr. Ajit Hon, Advocate for the Applicant and Ms. Sangita
Shinde, APP for Respondent-State, perused the Application and Appeal.
3. The case of the prosecution is that, on the intervening night
between 24th and 25th April, 2017 at about 05:00 a.m., Rupesh
Hanumant Garade, informant received a phone call on mobile phone
from one Aadesh Garade informing him that, Tejashri, wife of
Atrinandan @ Aaba Phale came in an injured condition infront of his
house. Five to six persons had mercilessly beaten to death her husband,
mother-in-law and father-in-law. Therefore, he immediately informed
about the occurrence to Talegaon Dabhade Police Station by making a
phone call and rushed to the place of occurrence. He saw Nathu Vithoba
Phale lying on the cot, Atrinandan @ Aaba Nathu Phale lying on the
floor under sofa set. Chabubai Nathu Phale had received serious injuries
on her head. Blood was profusely oozing out of her head injuries. The
neighbors gathered. Aadesh @ Munna Garade had taken Smt. Tejashri
Phale to Pawana Hospital, Somatane for medical treatment. The
cupboards were forcefully opened. They were in a state of disarray and
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articles from the cupboards were lying on the floor indiscriminately. One
spade having blood stains at various places was also lying in the house.
One of the iron rods of the window of the kitchen room was forcefully
removed. Police immediately rushed to the spot. On being asked,
daughter PW No. 2, aged 09 years stated that on 25.04.2017 during
03.00 a.m. to 04.00 a.m., several unknown persons came in the house.
She and her sister woke up by their entry. She saw 5 to 6 intruders in the
house. One of them snatched the ear rings of her sister and herself. The
other assaulted her grandmother with a knife on her face. They
threatened her that they should go back to sleep, else they will be killed.
Several more persons entered the house through the front door. They
were armed with weapons. One of them hit the grand father with a pick-
axe, he started bleeding from his head. Another person assaulted her
grandmother on her head. The intruders ransacked the entire house.
They assaulted Tejashri Phale, mother of PW No. 2 and snatched her
Mangalsutra, Chain and golden ear tops. Due to the assault she fell
unconscious. One Rupesh Garade, a neighbor lodged a complaint which
came to be registered as FIR No. 145 of 2017 for offence punishable
under Sections 395, 396, 397 of IPC against unknown persons. The
investigation commenced. The dead bodies were sent for post mortem.
Injury certificate of Tejashri Phale was obtained. The Applicant came to
be arrested on 13.05.2017. He along with the other accused was put up
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for Test Identification Parade which was conducted by the Deputy
Tehsildar PW No. 13. PW No. 3 identified the Applicant in the Test
Identification Parade. The PW Nos. 2 & 3 have identified the Applicant
in Court. The defence of Applicant is that of denial and false implication.
4. On behalf of the Applicant it was submitted that no independent
witnesses were examined. Although the statements of several immediate
neighbours of the victims were recorded, they were not examined as
witnesses. It was argued that this creates an element of doubt on the
prosecution case which ought to have led to an adverse inference. There
is discrepancy in the evidence of PW No. 2 as to the number of people
who had broken into her house to commit robbery. There is unexplained
delay in conducting the Test Identification Parade. One of the eye
witnesses has admitted that there was no light at the time of the incident.
In the Identification Parade, the identifying witness PW No. 3 has not
described the role attributed to the Applicant. It was urged that in the
light of the aforesaid submissions, the sentence be suspended and bail be
granted pending Appeal.
5. Per contra, Learned APP Ms. Sangita Shinde, submitted that the
evidence of PW No. 3 is on a higher pedestal since she is an injured
witness. Her eye witness evidence is even otherwise clear and cogent.
Most importantly, she has identified the Applicant in a Test Identification
Parade which was conducted in accordance with the rules set out in the
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Criminal Manual. The alleged delay in conducting the Test Identification
Parade must be seen from the perspective of the fact that the Applicant
was arrested on 13.05.2017 and the Test Identification Parade was
conducted on 12.07.2017. The evidence of the PW No. 3 is clear that she
could see the accused/Applicant in the light coming from the kitchen and
hence her identification of the Applicant, both in the Test Identification
Parade and the Court cannot be faulted. The offence is serious. Three
persons have been done to death in cold blood, in a brutal manner.
Hence, he Applicant does not deserve to be released on bail pending
Appeal.
6. Appreciating rival submissions, following facts emerge. PW No. 2
and 3 are the eye witnesses. PW No.2 is the daughter of PW No. 3.She
describes the events on the night of 24.04.2017, when her grandfather,
grandmother, mother and father were sleeping after having dinner. She
and her sister were awakened by a sound. She found that several persons
had entered the house. One of them snatched the ear tops from her
sister’s ears. Another assaulted her grandmother with a knife. The
intruders threatened both the sisters that they should go back to sleep or
else they will be done to death. Another 4-5 persons entered and
ransacked the house. Their mother (PW No. 3) who was also assaulted
and had fallen unconscious, was taken to the neighbour’s house when she
regained consciousness. PW No. 2 has described the appearance of the
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intruders to the police. She has identified the accused, particularly the
Applicant in Court. PW No. 3 has corroborated the evidence of PW No.
2. She is the mother of PW No. 2. She also describes how the intruders
were armed with knives, pick-axes and other deadly weapons, how they
assaulted her father-in-law with a pick-axe, mother-in-law with a knife.
She herself was assaulted on her face and head. Her Mangalsutra, chain
and gold ear tops were snatched by the intruders. Due to her injuries, she
fell unconscious. Around 5:00 am in the morning, she gained
consciousness. She saw her in-laws and husband lying in a pool of blood.
Her daughters took her to the neighbours residence. In Court, she has
identified the weapons, the articles on the body of her in-laws and
husband and her own ornaments which were snatched by the intruders.
She has also deposed that she has identified the accused, particularly
Applicant in Test Identification Parade. The evidence of both these eye
witnesses is not shattered in cross examination. In fact, PW No.3 has
deposed that she could see the intruders in the light coming from the
kitchen. The evidence of PW No. 3 is further corroborated by the
evidence of PW No. 13, Deputy Tehsildar and Special Executive Officer
who was authorized to conduct the Test Identification Parade. He
deposes that on 23.06.2017 he received a letter from Talegaon Dabhade
Police Station requesting him to conduct Test Identification Parade. On
12.07.2017, he organized the Test Identification Parade in his office. He
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has set out the procedure of conducting the Test Identification Parade
which as per his deposition is in accordance with the rules laid out in the
Criminal Manual. PW No. 3 has identified the Applicant in the Test
Identification Parade. Apart from denials, there is nothing elicited in the
cross-examination to cast a doubt on the conduct of the Test
Identification Parade. Considering the argument of delay in conducting
the Test Identification Parade, it is pertinent to note that the Applicant
was arrested on 13.05.2017 and the Test Identification Parade was
conducted on 12.07.2017. Immediately after arrest, on 23.06.2017, the
Police Station had intimated the Deputy Tehsildar to conduct the Test
Identification Parade which was conducted on 12.07.2017. Thus, there
was no significant delay and the explanation by the Investigating Officer
and the Deputy Tehsildar is sufficient to explain the delay. Thus, the
Applicant has been identified by the eye-witness at the time of the
incident, in the Test Identification Parade and finally in the Court. Her
evidence inspires confidence. Prima facie, it reveals the complicity of the
Applicant in the commission of an offence wherein 2 senior citizens and
their son were brutally done to death by armed robbers. The Applicant
was one among them. The medical evidence establishes the fact of
homicidal death and the cause of death in all 3 persons was ‘death due
to head injury’. The medical evidence is in consonance with the eye
witness evidence. The crime is committed in a brutal manner where
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three persons are done to death in cold-blood while committing armed
robbery. In the light of the aforesaid discussion, we are not inclined to
suspend the sentence and admit the Applicant to bail pending Appeal.
7. Consequently, the Application for bail and suspension of sentence
is rejected and disposed of accordingly.
ASHISH S. CHAVAN, J. BHARATI DANGRE, J.
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