Bombay High Court
Ganesh Ramesh Pawar vs The State Of Maharashtra on 23 April, 2021
Bench: R.P. Mohite-Dere
21. IA 499-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 499 OF 2021
IN
CRIMINAL APPEAL NO. 131 OF 2021
Ganesh Ramesh Pawar ...Applicant
Versus
State of Maharashtra ...Respondent
Mr. Vikram R. Sutaria for the Applicant.
Mr. S.V.Gavand, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 23rd APRIL, 2021
(Through Video Conferencing)
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
his appeal.
3. The applicant, vide judgment and order dated 04/12/2020
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passed by the learned Additional Sessions Judge, Thane in Sessions Case
No.159 of 2015, has been convicted and sentenced as under :-
- for the offence punishable under Section 148 of the Indian
Penal Code to suffer rigorous imprisonment for 1 year and to pay fine
of Rs.1,000/-, in default to undergo further simple imprisonment for 1
month;
- for the offence punishable under Section 307 r/w 149 of the
Indian Penal Code to suffer rigorous imprisonment for 7 years and to
pay fine of Rs.7,000/-, in default, to undergo further simple
imprisonment for 3 months;
- for the offence punishable under Section 25(1-A) of the Arms
Act, to suffer rigorous imprisonment for 5 years and to pay fine of
Rs.5,000/-, in default, to undergo further simple imprisonment for 3
months;
The applicant was acquitted of the offence punishable under
Section 37(1) r/w Section 135 of the Maharashtra Police Act.
All the substantive sentences were directed to run concurrently.
4 Learned Counsel for the applicant states that similarly, placed
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co-accused have been released on bail except accused No.1 - Bhardwaj @
Bala Kishor Londhe. He submits that the applicant is in custody for more
than 2 ½ years and has already undergone more than 1/3rd of his sentence.
He submits that as far as accused No.1 - Bhardwaj @ Bala Kishor Londhe
is concerned, he has not filed any appeal against his conviction and
sentence/Bail Application.
5. Learned APP submits that the applicant, whilst on bail, has
committed an offence. Learned Counsel for the applicant, on instructions,
states that the applicant will not commit any other offence nor will he
intimidate or threaten any of the witnesses involved in the said case. He
states that the applicant, on being released on bail, will file a proper
undertaking in this Court in the aforesaid appeal.
6. It is not in dispute that similarly, placed co-accused have been
released on bail and their sentences suspended vide orders dated
18/02/2021 and 12/03/2021. The applicant has undergone 1/3rd of his
sentence till date. The evidence on record shows that the injured PW-1-
Sunil Kandbhar had sustained three injuries which were simple in nature.
The appeal is not likely to be heard in the immediate near future.
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7. Considering the aforesaid, the application is allowed and the
applicant's sentence is suspended and he is enlarged on bail, pending the
hearing and final disposal of his appeal, on the following terms and
conditions :-
ORDER
i) The applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.15,000/- with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in two
months on the day/date specified by the trial Court, till his appeal is finally
disposed of;
iii) The applicant shall file an undertaking in this Court that he
will not intimidate, threaten any of the witnesses involved in the said case,
whilst on bail. The said undertaking to be filed in the Registry of this Court
within two weeks of his release in the aforesaid appeal.
iv) The applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of residence or
mobile details, if any, from time to time;
v) 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
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21. IA 499-2021.doc
prosecution would be at liberty to file an application seeking cancellation
of bail.
8 It is noted that accused No.1 - Bhardwaj @ Bala Kishor
Londhe has not filed any appeal against his conviction and sentence,
probably because of his financial constraints to engage an Advocate.
9. Accordingly, Registry is directed to inform accused No.1 -
Bhardwaj @ Bala Kishor Londhe of his legal right to file an appeal and bail
even through jail. If necessary, he can also seek the assistance of High
Court Legal Services Committee.
10. Registry to communicate the said order forthwith to the
Superintendent, Thane Central Jail who, in turn, will take appropriate steps
of informing the accused No.1 - Bhardwaj @ Bala Kishor Londhe as stated
aforesaid.
11. The application is accordingly disposed of.
12. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
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