Bombay High Court
Mahanteshwar @ Mahantesh Chandrakant @ ... vs The State Of Maharashtra on 10 April, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2029 OF 2018
IN
CRIMINAL APPEAL NO.1498 OF 2018
Chandrakant @Channu Ramchandra Mali ...Applicant
Versus
The State of Maharashtra ...Respondent
WITH
CRIMINAL APPLICATION NO.2041 OF 2018
IN
CRIMINAL APPEAL NO.1511 OF 2018
Mahanteshwar @Mahantesh Chandrakant
@ Kantu Patil ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr.M.N.Sandhyanshiv, for the Applicant in Criminal Application No.2029
of 2019.
Ms.Shradha Sawant for the Applicant in Criminal Application No.2041 of
2019.
Mr.S.V.Gavand, A.P.P for the Respondent - State.
Mr.Jaydeep Mane, for the Original Complainant.
CORAM : REVATI MOHITE DERE, J.
DATE : 10th APRIL, 2019
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P.C. :
1. Heard learned counsel for the parties.
2. By these applications, the applicants seek suspension of their
sentence and enlargement on bail, pending the hearing and final disposal
of their appeals.
3. The Applicants (Original Accused Nos.1 and 4) along with
other co-accused vide Judgment and Order dated 26 th November, 2018,
passed by learned Additional Sessions Judge, Solapur, in Session Case
No.217 of 2012, have been convicted and sentenced as under:-
- for the offences punishable under Section 307 r/w Section 34 of the
Indian Penal Code to suffer rigorous imprisonment for 8 years and to pay
fine of Rs.3,000/- each, in default of payment of fine, to suffer further
rigorous imprisonment for 6 months;
- for the offence punishable under Section 507 r/w Section 34 of the
Indian Penal Code to suffer rigorous imprisonment for 2 years and to pay
fine of Rs.1,000/- each, in default of payment of fine, to suffer further
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rigorous imprisonment for 3 months;
Both the sentences were directed to be run concurrently.
4. The Applicants have preferred the aforesaid Appeals against
the Judgment and Order of conviction and sentence.
5. Learned Counsel for the Applicants submit that the allegations
against the Applicants are false and that no such incident as alleged has
taken place. They submitted that the statements of eye-witnesses i.e. PW6
and PW7, were recorded after 27 days. According to the learned counsel,
the bullets were not found either in the car or on the spot and as such the
prosecution case cannot be accepted. They further submitted that the
Applicants were on bail pending trial, and that they have not misused or
abused the liberty granted to them.
6. Learned APP opposes both the applications. He, however, does
not dispute the fact that the Applicants were on bail pending trial, and that
they have not misused or abused the liberty granted to them.
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7. Learned Counsel for the Original Complainant states that there
is ample material on record to show the complicity of the Applicants in the
form of C.A. Report, CDR records as well as the eye-witnesses. However,
he, too, does not dispute the fact, that the Applicants were on bail pending
trial and that they have not misused or abused the liberty granted to them.
8. Perused the papers. Both the Appeals have been admitted by
this Court vide orders dated 14 th December, 2018 and 19th December,
2018 respectively. It is not in dispute that the Applicants were on bail,
pending trial and that they have not abused or misused the liberty granted
to them. It appears that the statements of both the eye-witnesses i.e. PW6
and PW7 were recorded after 27 days of the incident. It also appears that
no bullets have been found on the spot.
9. Be that as it may, considering the peculiar facts and
circumstances of this case as well as considering the evidence on record,
the applications are allowed and the applicants sentence is suspended and
they are enlarged on bail, pending the hearing and final disposal of their
Appeal, on the following terms and conditions :
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ORDER
i) The Applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two local sureties in the like amount;
ii) The Applicants shall report to the trial Court, once in three months on the day/date specified by the trial Court, till their Appeals are finally disposed of;
iii) The Applicants shall keep the trial Court informed of their current address and mobile contact number and/or change of residence or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.
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10. The Applications are allowed in the aforesaid terms and are accordingly disposed of.
11. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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