Supreme Court - Daily Orders
Kishor vs The State Of Maharashtra on 22 October, 2021
Bench: Uday Umesh Lalit, S. Ravindra Bhat
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL Nos.1253-1254 OF 2021
[@ Special Leave to Appeal (Crl.) No(s). 7836-7837/2021]
KISHOR & ANR. ETC. Appellant(s)
VERSUS
THE STATE OF MAHARASHTRA Respondent(s)
O R D E R
Leave granted.
These appeals challenge the judgment and order dated 23.02.2016 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 745/2014 and Criminal Appeal No. 24 of 2015. These appeals were preferred by original accused Nos. 6,2 and 5 respectively.
In Special Case No. 10/2009, seven persons were tried for offences punishable under Sections 395, 397, 457, 379, 380, 120-B of the IPC and 3(i)(ii), 3(2) and 3(4) of the MCOC Act. The trial with regard to original accused No.3 was separated as he was absconding. After finding the accused guilty, the Trial Court passed the following order on 31.07.2014:
“1. Accused No.1) Kiran s/o Shrimant Bhosale. Accused No.2) Suresh s/o Sanjay alias DeghaBhosale, Accused No.4) Dumya alias Lakhan alias Inamdar s/o Shrimant Bhosale, Accused No.5) Sanotsh s/o Sanjay Bhosale, Signature Not Verified Accused No.6) Kishor s/o Devidas alias Degha Bhosale Digitally signed by DEEPAK SINGH Date: 2021.10.26 and 17:53:45 IST Reason: Accused No.7) Appa s/o Shrimant Bhosale are convicted for the offence punishable under for the offence 1 punishable u/s 395 r/w 120-B of the IPC and sentenced to suffer Rigorous Imprisonment for the period of 10 years each.
2. Accused Nos.1,2,4 and 5 are convicted for the offence punishable u/s 3(1) (ii) of the MCOC Act r/w 120-B of the IPC and sentenced to suffer Rigorous Imprisonment for the period of 10 years each and to pay fine of Rs.5,00,000/- (Rs. Five Lacs) each, in default to suffer further Rigorous Imprisonment for 3 years each.
3. Accused Nos.6 and 7 are convicted for the offence punishable u/s 3(II) of the MCOC Act, r/w 120-B of the IPC and sentenced to suffer Rigorous Imprisonment for the period of 7 years each and pay fine of Rs.
5,00,000/- (Rs. Five lacs) each, in default to suffer further Rigorous Imprisonment for 3 years each.
4. Accused Nos.1,2,4 and 5 are convicted for the offence punishable u/s 3(2) of the MCOC Act r/w 120-B of the IPC and sentenced to suffer Rigorous Imprisonment for the period of 10 years each and to pay fine of Rs.5,00,000/- (Rs. Five lacs) each, in default to suffer further Rigorous Imprisonment for 3 years each.
5. Accused Nos.6 and 7 are convicted for the offence punishable u/s 3(2) of the MCOC Act r/w120-B of the IPC and sentenced to suffer Rigorous Imprisonment for the period of 7 years each and pay fine of Rs.5,00,000/- (Rupees Five lacs) each, in default to suffer further Rigorous Imprisonment for 3 years each.
6. Accused Nos.1,2,4 and 5 are convicted for 3 the offence punishable u/s 3(4) of the MCOC Act,r/w 120-B of the IPC and sentenced to suffer Rigorous Imprisonment for the period of 10 years each and to pay fine of Rs.5,00,000/- (Rupees Five lacs) each, in default to suffer further Rigorous Imprisonment for 3 years each.
7. Accused Nos.6 and 7 are convicted for the offence punishable u/s 3(4) of the MCOC Act, r/w 120-B of the IPC and sentenced to suffer Rigorous Imprisonment for the period of 7 years each and pay fine of Rs.5,00,000/- (Rupees Five lacs) each, in default to suffer further Rigorous Imprisonment for 3 years each.
8. All the sentences shall run concurrently.
9. The accused Nos.1,2,4,5,6 and 7 are entitled to get set off u/s 428 of Cr.PC for the period of detention 2 under gone by them.
10.Accused Nos.1,2,4,5,6 and 7 are acquitted u/s 397, 457, 379 and 380 of IPC.
11. Accused No.3 is absconding. The Investigating Officer is directed that, after arrest of absconding accused No.3 Umesh ShivlalShinde, separate supplementary Charge Sheet befiled against him.
12. Muddemal property be preserved till conclusion of trial against accused No.3.” Being aggrieved, the original accused Nos. 1,4 and 7 preferred CRLA Nos. 583, 584 and 592 of 2014 while the appellants preferred afore-stated Criminal Appeal No. 745/2014 and Criminal Appeal No. 24/2015. These appeals were dealt with by a common judgment and order dated 23.02.2016 confirming the conviction and sentence passed by the Trial Court.
Insofar as the original accused Nos. 1,4 and 7 are concerned, Criminal Appeal Nos. 818-820/2021 preferred by them were partly allowed by this Court by its order dated 13.08.2021. While confirming their conviction and substantive sentences as well as imposition of fine, relying upon the earlier decision of this Court in Sharad Hiru Kilambe v. State of Maharashtra & Ors. [(2018) 18 SCC 718], the default sentence given to those accused of three years on following three counts was reduced from three years to one year each:
(a) 3(1)(ii) of the MCOC Act read with Section 120-B of IPC;
(b) 3(2) of the MCOC Act read with Section 120-B of IPC;and
(c) 3(4) of the MCOC Act read with Section 120-B of IPC;
The appeals were, thus, allowed to the extent of reduction in default sentence.
3 Since the present appellants (original accused Nos. 6, 2 and
5) stand on similar footing, we extend identical relief to the present appellants and direct that the default sentences awarded to each of the appellants on aforesaid three counts shall be one year each in respect of such counts.
Except for the modification indicated hereinabove, the rest of the conclusions including conviction and substantive sentences as well as imposition of fine remain unaltered.
…....................J. [UDAY UMESH LALIT] …....................J. [S. RAVINDRA BHAT] NEW DELHI;
OCTOBER 22, 2021
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ITEM NO.14 Court 2 (Video Conferencing) SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7836-
7837/2021
(Arising out of impugned final judgment and order dated 23-02-2016 in CRLA No. 745/2014 and order dated 23-02-2016 in CRLA No. 24/2015 passed by the High Court Of Judicature At Bombay At Aurangabad) KISHOR & ANR. ETC. Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) Date : 22-10-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Pravin Satale, Adv.
Mr. Rajiv Shankar Dvivedi, AOR Mr. Sushant Kr. Sarkar, Adv.
Mr. Rishabh Jain, Adv.
Ms. Arti Dvivedi, Adv.
For Respondent(s) Mr. Rahul Chitnis, Adv.
Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, Adv.
Mr. Geo Joseph, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals stand disposed of in terms of the signed order. Pending application, if any, stands disposed of. (MEENAKSHI KOHLI) (SUNIL KUMAR RAJVANSHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER [Signed order is placed on the file] 5