Bombay High Court
Madhukant Walabhai Kalsariya vs The State Of Maharashtra on 27 January, 2021
Bench: R.P. Mohite-Dere
Nisha S. Digitally signed by Nisha S.
Chitnis
Chitnis Date: 2021.01.28 14:52:12
+0530
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.200 OF 2021
IN
CRIMINAL APPEAL NO.67 OF 2021
Madhukant Walabhai Kalsariya ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Manoj S. Mohite, Senior Counsel i/b Mr. S. R. Phanse, for the
Applicant.
Mr. P. H. Gaikwad - Patil, A.P.P for the Respondent - State.
API - Ganesh Appasaheb Bhamare, Kashimira Police Station, is present.
CORAM : REVATI MOHITE DERE, J.
DATE : 27th JANUARY, 2021
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 the aforesaid appeal.
3. The applicant vide Judgment and Order dated 8th January,
2021, passed by learned Additional Sessions Judge, Thane, in Sessions
Case No.91 of 2013, has been convicted and sentenced as under:-
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- for the offence punishable under Section 307 of the Indian Penal
Code, to undergo rigorous imprisonment for 4 years and to pay fine of
Rs.50,000/- in default, to undergo rigorous imprisonment for 6 months;
- the applicant was however acquitted of the offence punishable under
Section 504 of the Indian Penal Code and under Section 30 r/w Section 3
of the Arms Act.
4. Perused the papers. It appears that the first informant/injured -
Shankar Ankush Virkar was found in the applicant's house on the date of
the incident i.e. 1st February, 2012 at about 9.45 p.m. It is the applicant's
case that when he returned from Surat, he saw that the first informant/
injured - Shankar and the applicant's wife - Snehal in the house.
According to the applicant, on seeking the first informant in his house, he
started abusing him, pursuant to which, there was a scuffle between the
applicant and the first informant. It is alleged that in the scuffle the
applicant fired 3 rounds from his licensed revolver. Admittedly, the first
informant did not receive any bullet injuries. From the evidence on record
it appears that there was a scuffle between the applicant and the first
informant. It is not in dispute that the Applicant was on bail, pending trial
and that he has not abused or misused the liberty granted to him. The
sentence awarded is a short term sentence. The Appeal has been
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admitted by a separate order passed today and the same is not likely to
come up for the hearing in the immediate near future.
5. 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 released on cash bail in the sum of
Rs.25,000/-, for a period of six weeks;
ii) The Applicant shall within the said period of six weeks,
furnish P.R. Bond in the sum of Rs.25,000/-, with one or two local
sureties in the like amount;
iii) The Applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till his Appeal is finally
disposed of;
iv) The Applicant shall keep the trial Court informed of his
current address and mobile contact number and/or change of residence or
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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
prosecution would be at liberty to file an application seeking cancellation
of bail.
6. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
7. All concerned to act on the copy of this order, digitally signed
by the Private Secretary of this Court.
REVATI MOHITE DERE, J.
