Bombay High Court
AKASH ALIAS AKSHAY ALIAS ROCKY ASHOK BHALEKARversusTHE STATE OF MAHARASHTRA
- Disposal
- Rejected
Holding
The Court held that the evidence against the appellant was sufficient and no ground existed for suspension of his sentence.
Summary
The appellant, Akash alias Akshay alias Rocky Ashok Bhalekar, was convicted along with co-accused for the murder of Laxmibai under Sections 302, 201 and 120(b) read with Section 34 of the Indian Penal Code and sentenced to rigorous life imprisonment and other terms. He filed an interim application seeking suspension of his sentence, contending that the only evidence against him was a 'last seen' testimony, with no forensic corroboration or prior identification. The State argued that the witness testimony was reliable, the deceased was last seen with the appellant, and that the co-accused were released on bail on different evidentiary grounds, so parity did not apply. The Court examined the witness statements, the post‑mortem report and the timeline of events, finding the last‑seen evidence credible and sufficient. Consequently, the Court held that there was no basis to suspend the sentence and rejected the interim application.
Issues considered
- Whether the 'last seen' testimony constitutes sufficient evidence to deny suspension of the appellant's sentence.
- Whether the principle of parity with co‑accused who were granted bail applies to the appellant.
- Whether the appellant is entitled to suspension of his sentence pending appeal.
Legislation cited
- B.N.S.S. 2023 — s. 258(2)
- Indian Penal Code, 1860 — s. 120(b), 201, 302, 34
Subjects
- murder
- last seen evidence
- suspension of sentence
- parity
- rigorous life imprisonment
- IPC sections 302, 201, 120(b), 34
- bail
Judgment
601-IA-471-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 471 OF 2026
IN
CRIMINAL APPEAL NO. 189 OF 2026
Akash alias Akshay alias Rocky
Ashok Bhalekar,
Age: 22 Years, Occu.: Nil,
Residing at : Dudulgaon,
Alandi road, Pune
Originally r/o. Manjari, Taluka : Latur,
District : Latur. ...Applicant.
Versus
The State of Maharashtra
Through tembhurni Police Station,
Solapur. ...Respondent.
——————
Ms. Shivani Kondekar (Through VC) with Ms. Purva Patil, for the Applicant.
Ms. Mahalaxmi Ganpathy, APP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Reserved on : August 24, 2026.
Pronounced on : August 27, 2026.
P. C. :
1. This is an application for suspension of sentence imposed by the
learned Additional Sessions Judge, Barshi in Sessions Case No. 63 of
2021 by judgment and order dated 5th March 2025 convicting and
sentencing the Applicant/Appellant as follows:
“1. Accused No.1 Kirtimala Aagatrao Kale, Age-22 years, accused
Gaikwad RD 1 of 6
601-IA-471-2026.doc
No.4 Aagatrao Laxman Kale, Age - 70 years, and accused No. Akash
alias Akshay alias Rocky Ashok Bhalekar, Age-22 years are hereby
convicted for ofence punishable under sec. 302 r/w sec.34 of IPC,
they are hereby sentenced to sufer Rigorous life imprisonment
each and pay ine of Rs.3,000/-(Rs. Three thousand only) each and in
default of ine, they shall sufer S.I. for two month each vide sec.
258(2) of B.N.S.S.2023. 22 years,
2. Accused No.1 Kirtimala Aagatrao Kale, Age accused No.4
Aagatrao Laxman Kale, Age - 70 years, and accused No.6 Akash
alias Akshay alias Rocky Ashok Bhalekar, Age-22 years are hereby
convicted for an ofence punishable under sec. 120(b) r/w sec.34 of
IPC and they are hereby sentenced to sufer Rigorous imprisonment
for 14 years each and pay ine of Rs.2,000/-(Rs. Two thousand only)
each in default of ine, they shall sufer S.I. for one month each vide
sec.258(2) of B.N.S. S.2023.
3. Accused No.1 Kirtimala Aagatrao Kale, Age 22 years, accused
No.4 Aagatrao Laxman Kale, Age - 70 years and accused No.6 Akash
alias Akshay alias Rocky Ashok Bhalekar, Age -22 years are hereby
convicted for an ofence punishable under sec. 201 r/w sec.34 of IPC
and they are hereby sentenced to sufer Rigorous imprisonment for
three years each and pay ine of Rs.1,000/-(Rs. One thousand only)
each in default of ine, they shall sufer S.I. for 15 days each vide
sec. 258(2) of B.N.S.S.2023.
4. All these sentences shall run concurrently.
5. The bail bonds of accused No.4 and 6 be surrendered.
6. ……………………………………….
7. ……………………………………….
8. ………………………………………..
9. ………………………………………..
10. ……………………………………….
11. ……………………………………….
12. ……………………………………….
13. ……………………………………….
14. ……………………………………….
15. ……………………………………….”
2. The prosecution's case is that, one Laxmibai was murdered. The
Gaikwad RD 2 of 6
601-IA-471-2026.doc
report upon which the Crime No. 50 of 2021 for the ofense punishable
under Sections 302, 201, 120B read with 34 of the Indian Penal Code
came to be registered with the Tembhurni Police Station, Taluka Madha,
District Solapur was lodged by the sister of deceased Laxmibai. It is the
case of prosecution that, deceased’s daughter Komal was married to
one Somnath Kale, who died in an accident. Said Komal was residing
with her in-laws. The co-convict Agatrao Laxman Kale was the father-in-
law of Komal. Komal was not allowed to meet her mother-deceased
Laxmibai or anybody else from her parents' family. The in-laws of Komal
were suspecting that deceased Laxmibai used black magic resulting in
death of Somnath and deceased Laxmibai was intending to get Komal
married for the second time. Therefore, all the convicts committed
murder of Laxmibai in the evening of 30th January 2021.
3. After investigation, the charge-sheet came to be submitted and
the Applicant/Appellant with co-convicts were tried and sentenced.
4. It is submitted by learned advocate for the Applicant, who is the
original Accused No. 6, that the only evidence against the Applicant was
in the nature of Last Seen. The other co-convicts are enlarged on bail, as
their sentence is suspended by this Court. The report of the chemical
analyzer in respect of the seized articles shows that, the blood grouping
was inconclusive. No Test Identiication Parade was conducted during
the investigation and the Applicant was identiied by the witnesses for
Gaikwad RD 3 of 6
601-IA-471-2026.doc
the irst time in the Court. The Applicant was having a good case on
merits and hence, the application be allowed.
5. It is submitted by learned APP that, the evidence of the
witnesses, who saw the deceased lastly with the Applicant and the co-
accused shows that, the Applicant was not an unknown person. The
evidence of witness examined by the prosecution goes to show that, the
deceased was lastly seen with the Applicant. The co-convicts, who are
granted bail, stand on a diferent footing. No case is made out for
suspension of sentence and hence, the application be rejected.
6. With the assistance of learned counsel appearing for both the
parties, we have perused the deposition of the witnesses examined by
the prosecution. The cause title of the Judgment passed by the learned
Trial Court goes to show that Accused No. 2-Samadhan and Accused No.
3-Priti alias Guddi were the Child in Conlict with Law.
7. The evidence in respect of the last seen is that of PW-2-Karan
Sanjay Bhosale. His evidence shows that, he was the son-in-law of
deceased Laxmibai. The Child in Conlict with Law Priti alias Guddi was
the sister-in-law of Komal, who is the daughter of deceased Laxmibai.
The said Guddi arranged for the meeting between deceased Laxmibai
and Komal on 30th January 2021. The P.W.No.2-Karan, deceased
Laxmibai and other witnesses had been to Dagad-Akole with deceased
Gaikwad RD 4 of 6
601-IA-471-2026.doc
Laxmibai. The deceased Laxmibai received phone call from Guddi. The
P.W.No.2 and deceased Laxmibai went towards the house of Guddi on
the motorcycle. When they stopped at the bridge, he saw Guddi and the
Applicant on one black scooty. This witness and deceased Laxmibai
followed the said scooty. After traveling for 5 to 6 kilometers, the
scooty stopped. This witness was not allowed to accompany deceased
Laxmibai. The deceased Laxmibai accompanied Guddi and the Applicant.
8. The evidence of P.W.No.2-Karan goes to show that, he identiied
the Applicant as the said person, who was with Guddi with whom
deceased had proceeded further. The suggestion that, he saw the
Applicant for the irst time in the Court is denied. Though it has come in
the cross-examination that during the investigation, the Applicant was
shown by the police, the dead body was found immediately on the next
day. Prima facie, the time gap between the last seen and tracing of the
dead body is not much. The cause of death as per the Medical Oicer
was "cardio-respiratory arrest due to injury to vital organs trachea,
oesophagus and multiple fracture in the body" with eight external
injuries mentioned in the column 17 and three injuries mentioned in the
column 18 of the post-mortem report. As deceased did not return
home, a report was lodged on 31 st January 2021, i.e., the very next day
by P.W.No.-1-Tai, in which the Applicant is named as the accused. This
prima facie shows that, the Applicant was not an unknown person. The
Gaikwad RD 5 of 6
601-IA-471-2026.doc
cross-examination of the P.W.No.2-Karan do not show inconsistency
with his previous statement. Undisputedly, the case of the Applicant is
that of total denial.
9. The order by which the co-convicts Aagatrao and Kirtimala are
released on bail shows that, evidence against them is not that of last
seen with the deceased. Therefore, the ground of parity is not available
to the Applicant. Considering the evidence available on record against
the Applicant, no case for suspension of sentence is made out. Hence
the following order:
ORDER
(i) The Interim Application is rejected.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.08.27
11:02:38
+0530
Gaikwad RD 6 of 6
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