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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

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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