Bombay High Court
Deva Lahu Mohite vs The State Of Maharashtra on 30 June, 2021
Bench: Nitin W. Sambre
Dusane 1/5 29 IA 1769.19 in appeal 1531.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1769 OF 2019
IN
CRIMINAL APPEAL NO. 1531 OF 2018
Deva Lahu Mohite .... Applicant
Vs.
The State of Maharashtra .... Respondent
Mr. S.V. Marwadi i/by N.M. Nadar for Applicant
Smt. M.H. Mhatre, A.P.P., for State-Respondent
Coram : NITIN W. SAMBRE, J.
Date : 30th JUNE, 2021
P.C.:
1. The learned Additional Sessions Judge, Mangaon-Raigad
vide judgment and order dated 5th December, 2018, in Sessions Case
No.31 of 2016 convicted the Applicant, who is accused No.1. The
accused is convicted for an offence punishable under Section 395 of
Indian Penal Code and sentenced to suffer rigorous imprisonment for
10 years and fine of Rs.25,000/-, in default, rigorous imprisonment for
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2 years, under Section 397 of Indian Penal Code, the Applicant is
sentenced to suffer rigorous imprisonment for 7 years, under Section
460 of the Indian Penal Code, the Applicant is sentenced to suffer
rigorous imprisonment for 10 years and fine of Rs.25,000/-, in default
to suffer rigorous imprisonment for 2 years and under Section 120-B of
the Indian Penal Code, the Applicant is sentenced to suffer rigorous
imprisonment for 6 months and all sentences were directed to run
concurrently.
2. The appeal against the conviction was admitted by this
Court on 7th January, 2019. Vide order dated 21 st November, 2019, this
Court has rejected the prayer for suspension of sentence and grant of
bail.
3. The present application is moved by the Applicant-accused
under the provisions of Section 389 of Code of Criminal Procedure
thereby praying suspension of sentence and grant of bail in the
aforesaid Sessions Case.
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4. Heard Mr. Marwadi, learned counsel appearing for the
Applicant- accused and Smt. Mhatre, learned APP appearing for the
Respondent-State.
5. Mr. Marwadi would urge that the maximum sentence
ordered against the present Applicant is that of 10 years and the
Applicant has already undergone sentence of more than 5 years. He
would further urge that since the present appeal is not likely to be
heard in a recent future and considering the pandemic situation, the
Applicant-accused is entitled to be enlarged on bail.
6. Smt. Mhatre, learned APP does not dispute the aforesaid
position, however, prayed for rejection of the application, on merits.
7. Considered submissions.
8. Vide order dated 21st November, 2019, this Court has
rejected the prayer for suspension of sentence and grant of bail on the
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ground that there is sufficient evidence available against the Applicant.
9. It is required to be noted that the fact that the Applicant has
already undergone sentence of more than 5 years is not in dispute.
Apart from above, in view of present pandemic situation, the final
hearing of the present appeal in a recent future cannot be scheduled.
10. Needless to say that all other accused in the Crime in
question are already ordered to be released and such orders are already
produced on record.
11. In that view of the matter, the present application is
allowed. Hence, the following order :
ORDER
(I) The sentence awarded against the Applicant in Sessions
Case No. 31 of 2016 vide judgment and order dated 5 th December,
2018, passed by the learned Additional Sessions Judge, Mangaon-
Raigad, arising out of Crime No. 51 of 2015, registered with Poladpur
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Police Station, for the offences punishable under Sections 395, 397,
460 and 120-B of Indian Penal Code stands suspended.
(II) It is ordered that the Applicant be released on bail by
executing P.R. bond of Rs.25,000/- with one or more 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 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.
(VI) The Application is allowed in the aforesaid terms.
( NITIN W. SAMBRE, J.)
