Bombay High Court
Antiush Nasiyant vs The State Administration Of U.T. Of ... on 22 August, 2023
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.243 OF 2023
Antiush Nasiyant .....Applicant
Versus
The State Administration of
U.T. of Daman and Diu .... Respondent
.....
WITH
INTERIM APPLICATION [STAMP] NO.14961 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.243 OF 2023
-----
Ms. Naina Sharma, Advocate for the Applicant.
Mr. Arfan Sait, APP for the Respondent-State.
-----
CORAM : SARANG V. KOTWAL, J.
DATE : 22nd AUGUST, 2023
P.C. :
1. This matter is placed on board for speaking to the
minutes of the order dated 11.8.2023. In the said order, it is necessary
to mention 'Interim Application (Stamp) No.14961 of 2023' in the
cause title.
2. The title of the order dated 11.8.2023 be corrected and
corrected order be uploaded with this order. Rest of the order dated
11.8.2023 shall remain as it is.
(SARANG V. KOTWAL, J.)
CORRECTED ORDER DATED 11.8.2023 READS THUS :
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Deshmane(PS)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.243 OF 2023
Antiush Nasiyant .....Applicant
Versus
The State Administration of
U.T. of Daman and Diu .... Respondent
.....
WITH
INTERIM APPLICATION [STAMP] NO.14961 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.243 OF 2023
-----
Mr. Mahesh Vishwakarma, Advocate a/w. Naina Sharma i/b.
Ranjeet Chauhan, for the Applicant.
Mr. Aayush Kedia, Advocate i/b. H.S. Venegavkar for
Respondent No.1-UT.
Mr. Arfan Sait, APP for the State.
-----
CORAM : SARANG V. KOTWAL, J.
DATE : 11th AUGUST, 2023
P.C. :
1. The Applicant was the accused in Summary
Criminal Case No.17/2010 before the Judicial Magistrate,
First Class, Diu. Learned trial Judge, vide his judgment and
order date 29.3.2011, convicted and sentenced the Applicant
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for commission of the offence punishable under Section 280
of IPC and sentenced him to suffer SI for one month and to
pay fine of Rs.1,000/- and in default to suffer SI for one
week. The Applicant was also convicted for commission of
the offence punishable under Sections 427 of IPC and was
sentenced to suffer SI for three months and to pay fine of
Rs.1,000/- and in default to suffer SI for one week. The
sentences were directed to run concurrently. The Applicant
preferred Criminal Appeal No.1/2011 before the Court of
Sessions at Diu. Said Appeal was dismissed by the order
dated 27.12.2019.
2. Heard Shri Mahesh Vishwakarma, learned
counsel for the Applicant and Shri Aayush Kedia, learned
counsel for Respondent No.1.
3. The prosecution case is that on 1.5.2010 at about
11.55 a.m. at Bunder Jetty, Diu, the Applicant navigated his
boat 12 Ton No.DD-MP-12-01 in a rash and negligent
manner. It dashed against two police boats causing damage
to both of them. The investigation was conducted and
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during trial six witnesses were examined. PW-1, PW-3, PW-4
and PW-5 were the alleged eye witnesses. PW-1 was the first
informant. PW-2 was the pancha witness and PW-6 was the
investigating officer.
4. Learned counsel for the Applicant submitted that
PW-4 has not specifically stated that the Applicant was
navigating that particular boat. As far as PW-1 is concerned,
admittedly he saw the damage after he heard the noise and,
therefore, he was not in a position to see actually who was
navigating the boat which dashed against the police boats.
5. Learned counsel further submitted that the
complainant i.e. PW-1 has admitted that it was a rough
weather day and the rope had fraction with the wall which
could have caused breaking of the rope. Learned counsel
submitted that, it was the reason why the incident had
occurred. Both the Courts below have not given sufficient
importance to these admissions. He further submitted that
the prosecution has not led any evidence to show that the
boats were actually damaged.
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6. Learned counsel appearing for the Respondent
No.2 submitted that PW-2 was a pancha witness who has
deposed about the damage caused to two boats. He further
submitted that PW-1 was already inside the police boat
which was damaged. Therefore, the offence under Sections
280 as well as 427 of IPC are made out.
7. I have considered these submissions. Some
argueable points are raised by learned counsel for the
Applicant. The reasoning given by both the Courts below in
the light of the submissions made before me today on the
basis of the evidence led before the trial Court will have to
be considered. Learned counsel for the Applicant has made
out a case for admitting the Revision Application. Based on
the same reasons, the sentence imposed on the Applicant can
be suspended. The incident is old. There are no allegations
that all throughout these years, the Applicant had misused
his liberty. Therefore, till decision of the Revision
Application, the Applicant can be released on bail.
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8. Hence, the following order:
:: O R D E R ::
i. Criminal Revision Application is admitted. ii. During pendency and final disposal of the Revision Application, the sentence imposed on the Applicant is suspended. The Applicant is directed to execute a PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount. iii. The Interim Application for suspension of sentence is disposed of.
iv. Criminal Revision Application shall be processed further. R & P be called for.
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