1 CRIAPPEAL133-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.213/2026 IN CRIMINAL APPEAL NO.133/2026 (MAROTI NAGORAO KSHIRSAGAR VERSUS THE STATE OF MAHARASHTRA, THR. PSO PS ALLIPUR TAH. HINGANGHAT, DISTRICT WARDHA) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri D.G. Kamble, counsel for the applicant. Smt. S.S. Jachak, Additional Public Prosecutor for the respondent. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE , JJ. D ATE : AUGUST 31 , 2026 P. C. By this application, the applicant is seeking suspension of his sentence and releasing him on bail. 2. The applicant was charged for the offence punishable under Sections 307 and 302 of the Indian Penal Code, 1860 and has been sentenced to suffer the rigorous imprisonment for life. As per the prosecution case, the informant lodged the First Information Report on the allegation that on 22.05.2022, deceased Sudhakar who was his elder brother, aged 70 years, was assaulted by the applicant during heated exchange of words and the said assault caused death of Sudhakar. On the basis of the report, initially an offence was registered under Section 307 of the Indian Penal Code, 1860 however since Sudhakar succumbed to death during treatment, the said offence was converted into the offence punishable under Section 302 of the Indian Penal Code, 1860. 3. Heard the learned counsel for the applicant, who submitted that there is no direct evidence as far as the assault by the applicant is concerned. He invited our attention to the evidence of various witnesses including PW1 Rajendra and also invited our attention to his 2026:BHC-NAG:11557-DB 2 CRIAPPEAL133-26.odt cross-examination and submitted that he is not the witness to the incident as his cross-examination revealed that he reached to the spot after the incident had occurred. Similarly, the PW2-Shrikant also did not witness the incident since he had not seen the applicant hitting the victim by the wooden plank. His evidence reveals that only because he saw the applicant holding wooden plank in his hand, the applicant came to be arrested. He submitted that as far as other evidence is concerned, no bloodstains were shown in the seizure panchnama. Thus, there were various lacunae in the prosecution case. The learned trial Court has not considered the said lapses in the prosecution case and convicted the applicant. The applicant is having every chance of success in the present appeal. In view of above, the execution of sentence during pendency of the criminal appeal be suspended as the disposal of the appeal would take its own time. 4. Smt.S.S. Jachak, learned Additional Public Prosecutor strongly opposed the said contention and submitted that not only the circumstantial evidence shows that the applicant was seen holding a wooden plank in the hand at the time of incident but also the report of the Chemical Analyzer discloses that the bloodstains were present on the wooden plank as well as the clothes of the applicant, for which no explanation is put forth. At this stage, there is sufficient material to connect the applicant with the alleged offence. Thus, considering the same, at this stage, the application deserves to be rejected. 5. After hearing both the sides and on perusal of the entire evidence on record, it appears that the PW1, PW2 and PW3 reached at the spot after the alleged incident had taken place, however the circumstantial evidence reveals that these witnesses had seen the applicant holding the wooden plank in his hand having bloodstains on it. The evidence of these witnesses is further substantiated by the 3 CRIAPPEAL133-26.odt report of the Chemical Analyzer which shows that the bloodstains were found on the wooden plank and on the clothes of the deceased as well as the applicant. D.N.A. profiling report mentioned in the interpretation column no.2 that mixed D.N.A. profile obtained from blood detected from Exhibit 7-half t-shirt of accused in Bn-2274/2022 contains D.N.A. profiles obtained from Exhibit 1-blood on cotton gauze of deceased. D.N.A. report shows that blood of deceased Sudhakar was found on the t-shirt of applicant and there is no explanation on this point by the defence. 6. Considering the above observations of the trial Court regarding the incriminating evidence against the accused which is sufficient to connect the applicant with the alleged offence. As far as few lacunae which are pointed out by the counsel for the applicant are concerned, it cannot be taken into consideration unless something palpable is shown from the evidence of the witnesses. 7. This aspect is very well considered by the Hon’ble Apex Court in Omprakash Sahni Versus Jai Shankar Chaudhary & Another [Criminal Appeal No.1331-1332 of 2023] wherein it is observed in paragraph 33 that bearing in mind the aforesaid principles of law, the endeavour on the part of the Court, therefore, should be to see as to whether the case presented by the prosecution and accepted by the trial Court can be said to be a case in which, ultimately the convict stands for fair chances of acquittal. If the answer to the above said question is to be in the affirmative, as a necessary corollary, we shall have to say that, if ultimately the convict appears to be entitled to have an acquittal at the hands of this Court, he should not be kept behind the bars for a pretty long time till the conclusion of the appeal, which usually take very long for decision and disposal. However, while undertaking the exercise to ascertain whether the convict has fair chances of acquittal, 4 CRIAPPEAL133-26.odt what is to be looked into is something palpable. To put it in other words, something which is very apparent or gross on the face of record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. The Appellate Court should not reappreciate the evidence at the stage of Section 389 of the CrPC and try to look up few lacunae or loopholes here or there in the case of the prosecution. Such would not be a correct approach. 8. In the case in hand, considering the nature of evidence and the witnesses have seen the applicant holding the wooden plank in his hand which is substantiated by the report of the Chemical Analyzer as well as the D.N.A. profiling, it is sufficient to connect the applicant with the present offence. In view of this, at this stage, we are not satisfied that there is anything in the evidence which would show that the applicant is having any chance of acquittal at this stage. Thus, considering the same, the application deserves to be rejected. Accordingly, the following order is passed:- I. The application for suspension of sentence is rejected. CRIMINAL APPEAL NO.133/2026. The criminal appeal is already admitted. The Record & Proceedings are already received. The criminal appeal be listed after preparation of the paper book as per its turn. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) APTE Signed by: Apte Designation: Senior Pvt. Secretary Date: 02/09/2026 17:54:52