ASHOK RAMCHANDRA PANCHALversusTHE STATE OF MAHARASHTRA

                                                                                                    14-IA-437-2026.doc



          Digitally signed
          by HARISH                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH    VITHAL
VITHAL    CHAUDHARI
CHAUDHARI Date:                                       CIRCUIT BENCH AT KOLHAPUR
          2026.10.09
          20:04:17 +0530
                                                     CRIMINAL APPELLATE JURISDICTION

                                              CRI-INTERIM APPLICATION NO. 437 OF 2026
                                                                 IN
                                                     CR. APPEAL NO. 190 OF 2026

                             Ashok Ramchandra Panchal                                   ...Applicant
                                       Versus
                             The State Of Maharashtra                                   ...Respondent

                                                                 ——————
                             Mr. Bjagyashri R. Mangale appointed through Legal Aid for the Applicant.
                             Mr. Kumar V. Saste, Addl. APP for the Respondent-State.
                                                                 ——————

                                                                   Coram :     Sharmila U. Deshmukh &
                                                                               Neeraj P. Dhote, JJ.
                                                                   Date      : October 09, 2026.
                             P. C. :

                             1.        This is an application for suspension of the sentence imposed by

                             the learned Additional Sessions Judge, Wai in Sessions Case No. 95 of

                             2023 by Judgment and Order dated 10 th                 October 2025         thereby

                             convicting and sentencing the Applicant. The operative Order of the

                             said Judgment is reproduced below:

                                      1] Accused Ashok Ramchandra Panchal is hereby convicted for
                                      the ofence punishable under Section 302 of Indian Penal Code, in
                                      view of provision of Section 235(2) of Criminal Procedure Code and
                                      he is sentenced to sufer Life Imprisonment and to pay a ine of
                                      Rs.5,000/- (Rupees Five Thousand Only) in default to sufer
                                      Simple Imprisonment for Five Months.



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         2]      …..    …..    …..    …..     …..   …..   …..    …..    …..”

         3]      …..    …..    …..    …..     …..   …..   …..    …..    …..”

         4]      …..    …..    …..    …..     …..   …..   …..    …..    …..”



2.        The prosecution case in brief, as can be seen from the impugned

Judgment, is as under. The relevant paragraphs from the same are

reproduced below.

         2]      In brief, case of the prosecution can be depicted as under-
         “A]     Accused Ashok and his wife Mangal have two sons by name,
         Ninad and Rushiketh (PW1). There was discord between accused and
         his wife-Mangal. Accused was addicted to consuming liquor and to
         play "Matka". He used to pick-up quarrel with his wife on trivial counts
         and used to beat her and his sons.
         B]      PW1- Rushikesh had purchased lat in building No.F-03, Flat
         No.403, situated in "Urbangram Society", Dhangarwadi, Tq.
         Khandala, District-Satara. PW1- Rushikesh is in service in "Axa
         Company". His brother- Ninad with his wife was residing at Hadapsar.
         PW1- Rushikesh and his wife were residing at Kothrud. PW1-
         Rushikesh brought his father- Accused Ashok and his mother
         Smt.Mangal together to reside in his lat at Dhangarwadi, Tq-
         Khandala, District Satara. But accused did not like such fact. PW1-
         Rushikesh used to provide monthly domestic material to them.
         C]      When mother of PW1- Rushikesh Smt. Mangal was residing
         with her husband- accused Ashok in lat, she made complaint to her
         son PW1- Rushikesh that accused used to abuse her and beat her.
         Therefore, PW1- Rushikesh had given good understanding to the
         accused.
         D]      On 13.01.2021, PW1- Rushikesh went to his lat at
         Dhangarwadi, for celebrating "Bhogi" festival. At that relevant time,



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         again his mother informed him that his father had threatened her
         -"तुला चार ि वसात बघून घेतो.". Again, good understanding was given to
         the accused by PW1- Rushikesh.
         E]       On 19.01.2021 at about 12:55 P.M., accused phoned PW1-
         Rushikesh on his mobile and informed him that- " तु्या आईला तवा
         डो्यात घालून ठार मारले आहे, पोलीस आि अ्युल्स घेऊन ये.". PW1-Rushikesh
         asked accused to disclose real fact. In reply, accused informed him
         that- "तु्ही सव# ज   ्लॅन कून इथे मला आ ून मला रास ेता काय मी ितला ठार
         माून टाकले आहे, तु पोलीसांना घेवून ये.". Thereafter, PW1- Rushikesh
         informed such fact to his father-in-law. Then, he (PW1) with his
         father-in-law came to Dhangarwadi, at about 2:45 p.m.
         F]       When he (PW1) reached at his lat at Dhangarwadi, he saw
         that dead body of his mother was lying in kitchen room. He also
         noticed that his mother had sustained serious head injury. Blood was
         lying here and there in kitchen room. Iron Frying Pan and its
         (separated) wooden handle were lying there, which were stained with
         blood. Accused was found sitting in the chair. PW1- Rushikesh asked
         accused- "what you had done?" ("हे तु्ही काय केले."). Accused replied
         that- "हाच तवा ित्या डो्यात घालून ितला ठार मारले आहे .". By that time,
         police had reached there.
         3]       In consequence of above narrated incident, he (PW1) lodged
         report (Exh.30) to the Police Station, Shirwal on the same day of
         incident. On the basis of that report, crime was registered against
         accused vide Crime No.15/2021 for the ofence punishable under
         Section 302 of Indian Penal Code. Thereafter, investigation was
         started.”


3.        It is submitted by the learned counsel for the Applicant/Appellant

that, the case is based on circumstantial evidence. The learned trial

Court has convicted the Applicant/Appellant primarily on the basis of



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the extra judicial confessional made by the Applicant/Appellant to

Witness No. 1. The Applicant/Appellant is 72 years of age, and the

Appeal is of 2026 and is not likely to be heard in the near future. She

submitted that the application be allowed.

4.            The application is opposed by the learned Additional P.P. He

submits that, the case is based on circumstantial evidence. He further

submits that the circumstances against the Applicant/Appellant are that

of a extra-judicial confessional and Section 106 of the Evidence Act. He,

therefore, submits that the application be rejected.

5.            Admittedly, the case is based on circumstantial evidence. The only

circumstance upon which the prosecution is heavily relying is that of the

extra-judicial confession to Witness No. 1. It is a settled principle of law

that, evidence in the nature of an extra-judicial confession is a weak

piece of evidence. The Appeal is of 2026 and is not likely to be heard in

the near future. The Applicant/Appellant is 72 years of age. In this view

of the matter we are inclined to suspend the sentence . Thus, we

proceed to pass the following order:

                                        ORDER

         i.        Application is allowed.

         ii.       The substantive sentence of imprisonment imposed by
                   by the learned Additional Sessions Judge, Wai in
                   Sessions Case No. 95 of 2023 by Judgment and Order



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                dated 10th October 2025 convicting the Applicant, is
                suspended during the pendency of the Appeal.

         iii.   The Applicant/Appellant is directed to be released on
                bail on furnishing P. R. Bond of Rs.15,000/- (Rupees
                Fifteen Thousand Only) with one surety in the like
                amount.

         iv.    The Applicant/Appellant shall co-operate with this
                Court for early hearing of the Appeal.

         v.     Bail before the Trial Court.


6.        The Application stands disposed of accordingly.



 [Neeraj P. Dhote, J.]                         [Sharmila U. Deshmukh, J.]




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