Bombay High Court
Mukesh Prakash Salunkhe vs State Of Maharashtra on 26 February, 2022
Bench: Prakash Deu Naik
rpa 1/4 15 iast 3498 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION (STAMP) NO.3498 OF 2022
IN
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 is an application for restoration of Interim
Application No.1053 of 2020. The applicant has been convicted for the
offence punishable under Section 326 of IPC vide judgment and order
Digitally
signed by
dated 29th January, 2020, passed by the Court of learned Additional
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER Date:
2022.02.28
14:41:50
+0530
Sessions Judge, Greater Bombay in Sessions Case No.134 of
2012/Sessions case No.604 of 2014. The applicant had challenged the
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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.
3 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.
4 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).
5 Learned counsel for the applicant/appellant submits that
non appearance of the advocate was on account of inadvertence. The
Appeal preferred by the co-accused are admitted by this Court, and,
the sentence of imprisonment awarded by the trial Court has been
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suspended. The applicant is now in custody. Hence, Interim
Application No.1053 of 2020, may be restored and the sentence of
imprisonment may be suspended.
6 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.
7 In view of the aforesaid circumstances, Interim
Application Stamp No.3498 of 2022, can be allowed and Interim
Application No.1053 of 2020, can be restored.
:: O R D E R ::
(i) Interim Application Stamp No.3498 of 2022, is allowed;
(ii) Interim Application No.1053 of 2020, is restored to fle;
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(iii) Interim Application Stamp No.3498 of 2022, stands
disposed of accordingly.
(PRAKASH D. NAIK, J.)
