Mohan Arjun Keswani vs The State Of Maharashtra
2021 Latest Caselaw 10448 Bom

                      Shubhada S Kadam                                           3. apeal 489.2020.doc

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION
                                           CRIMINAL APPEAL NO. 489 OF 2020
                                                            with
                                         INTERIM APPLICATION No. 1542 OF 2021

                      Mohan Arjun Keswani                                        ....Appellant/
                                                                                  Applicant
                          Versus
                      The State of Maharashtra                                   ....Respondent


                      Mr. Dilip Shinde i/b. Mr. Deepak Paikrao and Associates, advocates for
                      the appellant/applicant.
                      Ms. S. V. Sonawane, APP for the State.


                                                   CORAM : PRASANNA B. VARALE &
                                                           N. R. BORKAR, JJ.

DATE : 5th AUGUST, 2021.

P.C. :

1. Heard Mr. Shinde, learned counsel for the appellant/applicant.

Mr. Shinde invited our attention to the order passed by learned Single

Judge of this Court dated 23 rd July, 2021, and submitted that in view of

the said order, the application is now listed before us.

2. Perusal of the record shows that the present

applicant/appellant - original accused No.5 was facing charges under

Section 420 read with Section 34 of the Indian Penal Code, 1860 as well

as Section 120B of the Indian Penal Code, 1860 and under Section 3 of

Digitally the Maharashtra Protection of Interest of Depositors (In Financial signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Establishment), Act, 1999 as well as Section 4, 5 and 6 of the Prize Chits Date:

2021.08.06 10:53:49 +0530

Shubhada S Kadam 3. apeal 489.2020.doc

and Money Circulations Schemes (Banning) Act, 1978. The learned Trial

Judge was pleased to passed the judgment and order of conviction and

sentences awarded are either for 7 years or below 7 years for the

respective offences.

3. It is not in dispute that the co-accused - Anand Shivram

Tambe and accused No.3 - Bhupsing Surgyansing have preferred their

respective appeals challenging the judgment and order of conviction and

sentence and, these appeals are listed before learned Single Judge of

this Court. For ready reference, we may refer to certain orders passed by

learned Single Judge of this Court in the appeal preferred by co-accused

- Anand Shivram Tambe. On his application seeking suspension of

sentence and enlargement on bail during the pendency of the appeal, the

learned Single Judge of this Court, by an order dated 7 th May, 2021,

allowed the application. It seems that though the present appellant, who

is standing on similar footing with the co-accused - Anand Shivram

Tambe, ought to have submitted the appeal and application before the

learned Single Judge of this Court, filed the appeal and circulated it

before the Division Bench of this Court.

4. On 8th June 2021, considering the above circumstances, the

office was directed to place the present criminal appeal before the

appropriate bench. Then, the application and the appeal was placed

Shubhada S Kadam 3. apeal 489.2020.doc

before the learned Single Judge of this Court on 21 st June 2021. The

learned Single Judge declined to consider the application on the ground

that his application is already rejected on merits by the Division Bench

and the applicant was permitted to take appropriate steps. The matter

was then again circulated before the Division Bench on 22 nd June 2021

and on that day following order was passed.

"Be that as it may; none appeared for the Appellant even on second call and there is a detailed order passed by this Court on June 08, 2021 directing the office to place the present criminal appeal before the appropriate court/bench. As such, no further order is required to be passed in the present matter."

5. It appears that the matter was then listed before the learned

Single Judge, on 23 rd July, 2021. The learned Single Judge passed the

following order:

"It is pertinent to note that the applicant is seeking suspension of sentence by preferring this application before Single Judge while his previous application was rejected on merits by the learned Division Bench. In this scenario, the registry may take appropriate directions for placing this application before Division Bench."

6. As the matter pertains to the Single Judge and considering the

fact that the appeals filed by co-accused were placed before the learned

Single Judge and certain orders are passed on the applications by the

learned Single Judge, we direct the Registry to place the present

application along with the appeal before the learned Single Judge of this

Court for passing appropriate orders.

Shubhada S Kadam 3. apeal 489.2020.doc

7. Needless to state that the application filed by the applicant for

suspension of sentence and grant of bail would be considered by the

learned Single Judge on its own merits.

( N. R. BORKAR, J.)                           (PRASANNA B. VARALE, J.)