Bombay High Court
Mukesh Prakash Salunkhe vs The State Of Maharashtra on 26 February, 2022
Bench: Prakash Deu Naik
rpa 1/5 15 ia st 1053 2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1053 OF 2020
IN
CRIMINAL APPEAL NO.334 OF 2020
Mukesh Prakash Salunkhe .. Applicant/Appellant
Versus
State of Maharashtra .. Respondent
......
Ms.Apeksha Vora A/W. Mr.Sidharth Samantaray, Advocate for the
Applicant/Appellant.
Mr.Arfan Sait, APP for the Respondent - State.
PSI Warik, Pairavi Offcer, Vinoba Bhave Nagar Police Station,
Mumbai, present.
......
CORAM : PRAKASH D. NAIK, J.
DATED : FEBRUARY 26, 2022.
P.C. :
Not on Board. Mentioned. Taken on Board.
2 This application is restored by separate order passed in
Interim Application Stamp No.3498 of 2022.
3 The applicant has been convicted for the offence
Digitally
signed by
RAJESHRI punishable under Section 326 of IPC vide judgment and order dated
RAJESHRI PRAKASH
PRAKASH AHER
AHER Date:
2022.02.28
14:41:13 29th January, 2020, passed by the Court of learned Additional
+0530
Sessions Judge, Greater Bombay in Sessions Case No.134 of
rpa 2/5 15 ia st 1053 2020.doc
2012/Sessions case No.604 of 2014. The applicant has challenged the
judgment of conviction by criminal Appeal No.334 of 2020. The
Appeal has been admitted by this Court by order dated 1 st December,
2021. The applicant had fled Interim Application No.1053 of 2020, for
suspension of sentence and grant of bail.
4 Interim Application No.1053 of 2020, was listed for
hearing on 15th December, 2021. Since none was present for applicant/
appellant, and, even on earlier date of hearing, there was no
appearance on behalf of the applicant/appellant, the application was
dismissed for want of prosecution. Subsequently, Appeal was listed on
15th February, 2022. Directions were issued to the trial Court to take
appropriate steps for taking the appellant in custody since there was
no suspension of sentence of imprisonment by this Court.
5 Pursuant to the aforesaid, the applicant/appellant has
been arrested on 23rd February, 2022, and, he has been taken in
custody. Presently, he is detained at Mumbai Central Prison (Arthur
Road Jail).
6 Learned counsel for the applicant/appellant submits that
non appearance of the advocate was on account of inadvertence. The
rpa 3/5 15 ia st 1053 2020.doc
Appeal preferred by the co-accused are admitted by this Court, and,
the sentence of imprisonment awarded by the trial Court has been
suspended. The applicant is now in custody. The trial Court has
suspended sentence as per Section 389 of Cr.P.C.
7 Learned APP submitted that the applicant was convicted
by the trial Court vide order dated 29th January, 2020. Although
Interim Application No.1053 of 2020, was preferred for suspension of
sentence, the said application was not pursued and for absence of
advocate representing the applicant/appellant, the application was
dismissed for want of prosecution. Pursuant to the order dated 15 th
February, 2022, the trial Court has taken steps and the applicant has
now been taken in custody. In the event the sentence is suspended,
stringent conditions be imposed on the applicant.
8 The applicant has been convicted for the offence
punishable under Section 326 of IPC. The maximum sentence imposed
by the trial Court for conviction is for a period of three years. The co-
accused who were convicted for similar offence have preferred Appeal
challenging the conviction. The said Appeal is admitted. The said
accused also preferred application for suspension of sentence and
which has been allowed and they have been released on bail.
rpa 4/5 15 ia st 1053 2020.doc
9 Considering the aforesaid circumstances and the fact that
the applicant is now in custody from 23rd February, 2022, this
application can be allowed on certain terms and conditions. The
sentence was suspended by the trial Court on the date of conviction,
however, apparently, there were no orders of this Court suspending
the sentence after preferring the Appeal before this Court.
10 Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application No.1053 of 2020, allowed;
(ii) The sentence of imprisonment vide judgment and
order dated 29th January, 2020, passed by the Court
of learned Additional Sessions Judge, Greater
Bombay vide judgment in Sessions Case No.134 of
2012/Sessions case No.604 of 2014, is suspended and
the applicant/appellant, is directed to be released on
bail on executing P.R. Bond in the sum of Rs.20,000/-,
with one or more sureties in the like amount;
(iii) Applicant is permitted to furnish cash surety in the
sum of Rs.20,000/-, for the period of 10 weeks, in lieu
of surety;
rpa 5/5 15 ia st 1053 2020.doc
(iv) Applicant shall report trial Court once in six months
on frst Saturday of the month, till the pendency of
Appeal;
(v) Applicant shall fle an Undertaking before this Court
within one week after his release on bail, stating that
as and when the Appeal is listed for hearing, he will
remain present before the Court and pursue the
Appeal;
(vi) Interim Application No.1053 of 2020, stands disposed
of accordingly.
(PRAKASH D. NAIK, J.)
