Supreme Court Suspends Sentence and Grants Bail to Murder Convict Awaiting High Court Appeal
In a recent verdict, the Supreme Court has decided to suspend the sentence and grant bail to Dinesh alias Paul Daniel Khajekar, a murder convict who had been incarcerated for over 11 years after being awarded a life term by the trial court. The decision was made by a bench comprising Justices Abhay S Oka and Pankaj Mithal, directing that Khajekar be released on bail until the Bombay High Court finalizes the disposal of his appeal.
Dinesh, arrested on October 29, 2011, at the age of 20, has been linked to the death of a man following a scuffle in which he was involved. Currently 32 years old, his appeal has been awaiting a verdict in the High Court for an extended period of six years, as stated by his legal representative.
The Bombay High Court, in its earlier ruling dated February 7, had declined to suspend Khajekar’s sentence, prompting him to seek intervention from the apex court. The Supreme Court, in its order dated September 25, remarked,
“In fact, the High Court ought to have granted relief under Section 389 of the Code of Criminal Procedure, 1973 to the appellant.”
This section of the CrPC permits the court to suspend the sentence of an accused while the appeal is being heard and can grant bail.
Advocate Sana Raees Khan, representing Dinesh, highlighted that the appellant has already served 11 years in prison and has been awaiting his appeal in the High Court for six years. She further argued the presence of three interested eyewitnesses in the case, noting the absence of any independent witness even though the alleged crime occurred in a public setting. Khan emphasized that two of these eyewitnesses, during their cross-examination, stated that upon their arrival at the scene, they found the deceased in a pool of blood, indicating they hadn’t directly witnessed the incident.
The initial FIR, registered on October 29, 2011, was based on a complaint by Tushar More, who alleged that his brother, Tanmay More, employed at the Ganesh Lottery Centre in Pune, was fatally injured in a brawl involving Dinesh and others.
