Bombay High Court
Ashok @ Vivekanand Dharanidharan ... vs The State Of Maharashtra on 8 March, 2021
Bench: R.P. Mohite-Dere
Digitally
signed by
Shagufta
Shagufta Q. Pathan
Q. 14-IA-1174-2019.doc
Date:
Pathan 2021.03.09
11:23:25
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1174 OF 2019
IN
CRIMINAL APPEAL NO. 1133 OF 2019
Ashok @ Vivekanand Dharanidharan Nayak ...Applicant
IN THE MATTER BETWEEN :
Masood @ Mayur Pasha Nabab Shaikh & Ors. ...Appellants
Versus
The State of Maharashtra ...Respondent
Ms. Munira Palanpurwala a/w Ms. Deepa S. Amati & Mr. Mushtaq Shaikh
for the Applicants
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 suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the aforesaid appeal.
SQ Pathan 1/5
14-IA-1174-2019.doc
3 The applicant vide judgment and order dated 21st June 2019
passed by learned Additional Sessions Judge, Greater Bombay in Sessions
Case No.757 of 2013 with Sessions Case No. 71/2014, along with other
accused, has been convicted and sentenced as under:-
- for the offence punishable under Section 451 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 7 years and
to pay fine of Rs. 2,000/- in default, to undergo further rigorous
imprisonment for 1 year;
- for the offence punishable under Section 347 r/w 34 of the
Indian Penal Code, to suffer rigorous imprisonment for 3 years and
to pay fine of Rs. 1,000/- in default, to undergo further rigorous
imprisonment for 6 months;
- for the offence punishable under Section 395 r/w 397 of the
Indian Penal Code, to suffer rigorous imprisonment for 7 years and
to pay fine of Rs. 2,000/- in default, to undergo further rigorous
imprisonment for 1 year;
SQ Pathan 2/5
14-IA-1174-2019.doc
- for the offence punishable under Section 37(1)(a) r/w Section
135 of the Maharashtra Police Act, to suffer rigorous imprisonment
for 6 months and to pay fine of Rs. 500/- in default, to undergo
further rigorous imprisonment for 3 months.
All the aforesaid sentences were made to run concurrently.
4 Learned counsel for the applicant seeks bail on the ground of
parity. She submits that the similarly placed co-accused - Shantiprasad
Veniprasad Yadav, Jahangir @ Badshah Abbas Pathan and Narayan Mangal
Karan @ Nepali's sentences have been suspended and they have been
enlarged on bail pending their appeals. Learned counsel submits that the
applicant is in custody for about 3 years. She submits that the only material
qua the applicant is the evidence of PW 9-panch to the recovery of a gold
chain, mobile phone and Rs. 7,000/- at the instance of the applicant. She
submits that the said witness i.e. PW 9 has resiled from his statement and as
such there is no other material, except the same. She submits that the
applicant has not been identified in the test identification parade, which
was held.
SQ Pathan 3/5
14-IA-1174-2019.doc
5 Perused the orders passed by this Court, suspending the
sentence and enlarging the other co-accused on bail. It is not in dispute that
the applicant was on bail, pending trial. The only material qua the
applicant is the recovery of gold chain, mobile phone and Rs. 7,000/-. The
panch witness i.e. PW 9 has turned hostile. Admittedly, the applicant has
not been identified in the test identification parade.
6 Considering that the applicant is in custody for more than 3
years and the evidence qua him, the application is allowed and the
applicant 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 more local 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;
SQ Pathan 4/5
14-IA-1174-2019.doc
iii) The find amount shall be deposited, if not deposited, within
three weeks from his release;
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 of the applicant.
7 The Application is accordingly disposed of.
8 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
