Bombay High Court
Ganesh Raghunath Bhoir vs The State Of Maharashtra on 19 December, 2022
Bench: R.P. Mohite-Dere, P. K. Chavan
17-IA-905-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.905 OF 2020
IN
CRIMINAL APPEAL NO. 758 OF 2017
Ganesh Raghunath Bhoir ... Applicant
Versus
State of Maharashtra ... Respondent
Mr. Aniket U. Nikam a/w Mr.Amit Icham, for the Applicant.
Mr. K. V. Saste, APP for the Respondent - State.
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, JJ.
DATE : 19th DECEMBER, 2022.
P. C. :
The aforesaid application has been placed before us in view of
the order dated 27th September, 2022, passed by the co-ordinate
bench i.e. not before Hon'ble Shri. Justice A. S. Gadkari.
2 By the aforesaid Interim Application, the applicant- Ganesh
Bhoir seeks suspension of his sentence and enlargement on bail,
pending the hearing and final disposal of his aforesaid Appeal i.e.
Criminal Appeal No. 758 of 2017.
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3 Learned Counsel for the applicant submits that the role of the
applicant is identical to that of Madhukar Bhoir, whose sentence has
been suspended and who is enlarged on bail by this Court vide order
dated 10th October, 2022.
4 Learned APP does not dispute the fact, that the role of the
applicant is similar to that of co-accused Madhukar Bhoir.
5 Perused the papers. The applicant alongwith other co-accused
has been convicted by the learned Additional Sessions Judge, Kalyan
in Sessions Case No. 62 of 2010, vide judgment and order dated 25 th
July, 2017, for several offences. The maximum sentence imposed
for the offence punishable under Section 302 r/w Section 149 of the
Indian Penal Code, is life imprisonment.
6 It appears that post the applicant's conviction and sentence,
the applicant preferred the aforesaid Criminal Appeal i.e. Criminal
Appeal No. 758 of 2017 before this Court. Vide order dated
20/09/2017, applicant's Appeal was admitted by this Court. It is
not in dispute that the applicant had initially filed an application
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seeking suspension of his sentence and enlargement on bail,
however, the said application was withdrawn, as the Court was not
inclined to suspend the applicant's sentence and enlarge him on bail.
The said order was passed by this Court (Coram: Ranjit More and
Surendra P. Tavade, JJ.) on 27 th January, 2020. Since both the Judges
have retired, we have taken up the aforesaid Interim Application for
hearing.
7 The aforesaid application is filed in view of the change of
circumstance i.e. grant of bail to co-accused Bhalchandra Bhoir by
the Apex Court vide Order dated 13 th February, 2020 and the Order
passed by this Court on 10 th October, 2022, suspending the sentence
and enlarging the accused- Madhukar Raghunath Bhoir on bail.
8 From the prosecution case, it appears that co-accused
Bhalchandra Bhoir fired a bullet from his revolver on the deceased.
The Apex Court while enlarging co-accused Bhalchandra Bhoir and
while suspending his sentence observed, that the said accused is in
custody more than ten years. On the basis of the order passed by the
Apex Court, co-accused Madhukar Bhoir filed an application
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seeking suspension of his sentence and enlargement on bail on the
ground of parity as well as on the ground of delay in hearing of his
Appeal and on the ground that he had also undergone more than ten
years in jail.
9 According to the prosecution, co-accused Mahendra,
Madhukar and the applicant had held deceased-Samir and had
abused him and, that pursuant thereto, co-accused Bhalchandra
Bhoir had fired at the deceased from his revolver, pursuant to which,
he succumbed to the same. Bhalchandra Bhoir, who fired at the
deceased, was enlarged on bail and his sentence was suspended by
the Apex Court. On the basis of the order passed by the Apex Court,
Madhukar Bhoir was also released on bail. It is not in dispute that
the role of the applicant is identical and at par with that of co-
accused Madhukar Bhoir. The applicant is in custody for more than
ten years.
10 Considering the aforesaid, the Interim Application is allowed
and the applicant's sentence is suspended and he is enlarged on bail,
pending the hearing and final disposal his Appeal i.e. Criminal
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Appeal No. 758 of 2017, on the following terms and conditions.
ORDER
(i) The Applicant be enlarged on bail on furnishing P. R.
Bond in the sum of Rs. 15,000/- with one or two 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 the Appeal is finally disposed of;
(iii) The Applicant shall keep the trial Court informed of the
current address and mobile contact number and/or
change of residence of mobile details, if any, from time
to time;
(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 bail.
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11 The Interim Application No. 905 of 2020 is allowed in the
aforesaid terms and is accordingly disposed of.
12 All concerned to act on the authenticated copy of this Order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
REKHA
PRAKASH
PATIL
Digitally signed
by REKHA
PRAKASH PATIL
Date: 2022.12.23
15:54:33 +0530
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