Bombay High Court
Bappu @ Sharnappa Shivanand ... vs The State Of Maharashtra on 8 March, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta
Shagufta Q. Pathan
Q. 18-IA-268-2019.doc
Date:
Pathan 2021.03.09
17:53:05
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 268 OF 2019
IN
CRIMINAL APPEAL NO. 1310 OF 2019
Bappu @ Sharnappa Shivanand Dindore ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Satyam H. Nimbalkar for the Applicant
Mr. S. V. Gavand, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
MONDAY, 8th MARCH 2021
P.C. :
1 Heard learned counsel for the parties.
2 By this application, the applicant seeks his enlargement
on bail, pending the hearing and final disposal of the aforesaid appeal.
3 The applicant along with other co-accused, vide judgment
and order dated 26th November 2018 passed by the learned Additional
Sessions Judge, Solapur in Sessions Case No. 217 of 2012, has been
convicted and sentenced as under :
SQ Pathan 1/4
18-IA-268-2019.doc
- for the offence 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 rigorous imprisonment for 3 months;
Both the sentences were directed to run concurrently.
4 Perused the papers. It is not in dispute that the applicant
was on bail pending trial and has not misused or abused liberty
granted to him. It is a matter of record that the statements of both the
eye-witnesses were recorded, after almost 27 days of the incident.
Admittedly, no bullets were found on the spot where the alleged firing
took place.
5 The prosecution case is that the applicant fired two
rounds on the car, however, no bullets were found on the spot. The
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18-IA-268-2019.doc
sentences of other co-accused i.e. Chandrakant @ Channu
Ramchandra Mali, Mahanteshwar @ Mahantesh Chandrakant @
Kantu Patil and Shivaraya Pandit Bake, have been suspended and they
are enlarged on bail.
6 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.25,000/- with one or two local sureties in the like
amount;
ii) 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;
iii) 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;
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18-IA-268-2019.doc
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 applicant's bail.
7 The application is disposed of accordingly.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 4/4
