Bombay High Court
ROSHAN BHIMRAO RATHODversusSTATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court held that, given the applicant’s long imprisonment, absence of any overt act attributable to him, and the weak evidential foundation, the execution of the life sentence must be suspended pending final disposal of the appeal.
Summary
The applicant, one of four accused convicted under IPC sections 302, 307, 397 and 34 for the murder of Sunanda and assault on Reshma, sought suspension of his life sentence. The trial court had relied mainly on the testimony of Reshma, an injured eye‑witness, and a test identification parade conducted two and a half months after the incident. The applicant argued that no overt act was attributable to him, he had been in prison for over 11 years, and the evidence was weak, especially since the FIR named unknown persons and no material was recovered from him. The State contended that the applicant was part of the four perpetrators and that the conviction was sound. The bench, noting the prolonged incarceration, lack of direct evidence against the applicant, and the delayed identification, granted the interim application, suspending the sentence pending the final disposal of the appeal and ordering bail.
Issues considered
- Whether the execution of a life sentence should be suspended pending appeal on the ground of prolonged incarceration and lack of overt act attribution.
- Whether the sole eye‑witness testimony and delayed identification parade constitute sufficient basis to continue the imprisonment.
- Whether the applicant’s age discrepancy and absence of recovered material affect the validity of the conviction.
Legislation cited
- Indian Penal Code, 1860 — s. 302, 307, 34, 397
Subjects
- life imprisonment
- suspension of sentence
- identification parade
- eye‑witness testimony
- criminal appeal
- IPC 302
- IPC 307
- IPC 397
- IPC 34
- bail
- long incarceration
Judgment
901-IA-3730-2025 (cr).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3730 OF 2025
IN
CRIMINAL APPEAL NO.1183 OF 2022
Roshan Bhimrao Rathod ...Applicant
Versus
The State of Maharashtra ...Respondent
…..
Adv. Anush Shetty a/w Adv. Rahul P. Sagar i/b Dr. Yug Mohit choudhary,
for Applicant.
Mr. Mr. A. S. Shalgaonkar, APP for the Respondent-State.
…..
CORAM : R.G. AVACHAT &
AJIT B. KADETHANKAR, JJ.
DATE : 6th FEBRUARY 2026.
P.C:
1. This is an application for suspension of the execution of
substantive sentence of life imprisonment.
2. The applicant was one of the four accused tried for the offences
punishable under Sections 302, 307, 397 read with Section 34 of the
Indian Penal Code, 1860 (for short ‘IPC’). All the four accused were
convicted for the offences with which they were charged and
consequently sentenced to suffer life imprisonment and term sentences
as well.
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3. In short, the case of the prosecution and which has even been
proved in the trial is that -
i) Reshma (PW-3-Informant) and Sunanda were real sisters. Both of
them were married. Their parents house was at village Kamati Khurd,
Tq. Mohal, Dist. Solapur. In the month of May-2002, there was a village
fair, at Kamati Khurd. The fair was of Goddess Mariaai. Both Reshma
and Sunanda had, therefore, been to the village Kamati Khurd.
4. On 3rd May 2015 by 9:30 a.m., both Reshma and Sunanda left the
house for the respective matrimonial houses. As they missed bus at
Godbole High School Bus Stop, both of them proceeded towards the
Kamati Khurd bus stand. While they were on the way to bus stand, one
ash coloured Jeep, like Trax or cruiser came from behind. The Jeep
halted in response to their signal. There were four persons in the Jeep.
One of them was at driver seat, other three where on the middle. Two
of the three on the middle seat alighted from the Jeep. Both Reshma
and Sunanda boarded the jeep. One of the two alighting from the Jeep
sat on the back seat, the other one took a seat by the side of Reshma.
The Jeep proceeded, after a while the person who had occupied a back
seat, encircled a rope around the neck of Reshma and attempted to
strangle her. Reshma thereby became unconscious. When she gained
consciousness, she found herself lying on the barren field and Sunanda
was lying in the nearby. Their ornaments, purse and cellphones were
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missing. With the assistance of the passerby, Reshma came to the
village. Some of the villagers and Reshma came back to the field
wherein Sunanda was lying. Sunanda was rushed to the hospital, she
was, however, declared dead.
5. Reshma lodged First Information Report. The applicant and
other three were arrested. They were subjected to test identification
parade. PW-3-Reshma, identified them in the test identification parade
and before the Court as well. The Jeep, some stolen ornaments and
cellphones were recovered at the instance of the original accused Nos.1
and 3.
6. As stated above, on appreciation of the evidence, the Trial Court
held that the charge was proved.
7. Learned counsel for the applicant would submit that for little 11
years, the applicant is in jail. Nothing has been recovered at his
instance. No overt act has been attributed to him. The case was based
on sole eye-witness account. The FIR was lodged against unknown
persons. No descriptions of the culprits were given in the FIR. Test
identification of the seized ornaments was not made during the
investigation. The test identification parade of the applicant and three
other co-convicts was held about two and half months after their arrest.
The learned Advocate, therefore, urged for grant of application.
8. The learned APP for the respondent-State would on the other
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hand submit that serious offence has been committed by the applicant
and co-convicts. The applicant is none other than the son of the original
accused No.1, who owned the vehicle involved in the crime. PW-3 was a
injured eye-witness. She identified the applicant in the test
identification parade and before Court as well. According to learned
APP, although no overt act appears to have been attributed to the
applicant, it is he, who owns the explanation as to how did. Reshma
suffer injuries and Sunanda died. Moreso, when the evidence
undoubtedly indicate that he was one of the four in the Jeep. He
therefore, urged for rejection of application.
9. We have considered the submissions advanced and perused the
evidence relied on and also the judgment impugned herein.
i) The FIR was lodged by an injured eye-witness. The case
based on sole eye-witness account. The FIR was lodged against
the unknown persons. In the evidence, PW-3-Reshma, testified
that the three of the four culprits, were in the age group of 30
years. Whereas, according to the applicant and the prosecution,
he was just 19 years at the relevant time. Admittedly, no overt act
has been attributed to the applicant. The test Identification
parade was conducted after two and half months of the incident
and even long after the arrest of the applicant. Nothing has been
recovered from the applicant. He is in jail for little over 11 years.
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There is no likelihood of the appeal to be taken up for hearing
shortly. Mainly on the ground of long incarceration and no overt
act has been attributed to the applicant, we inclined to grant the
application. The application is, therefore, allowed.
10. For the reasons recorded separately, we pass following order :
ORDER
a) The Sentence imposed on applicant by the
learned Additional Sessions Judge, Solapur vide
judgment and order dated 5th February 2020 in
Sessions Case No.263 of 2015 shall remain
suspended till the final disposal of Criminal Appeal
No.1183 of 2022.
b) The applicant be released on his furnishing bail
in the sum of Rs.15,000/- with one or more solvent
sureties of like amount in connection with Sessions
Case No.263 of 2015.
c) Bail before the Trial Court.
d) The applicant shall furnish his residential
address and contact details to the Trial Court and
inform the Trial Court about any change in the same.
[AJIT B. KADETHANKAR, J.] [R.G. AVACHAT, J.]
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