Bombay High Court
Vicky @ Vilas Suresh Khichhi vs The State Of Maharashtra on 27 January, 2022
Bench: Prakash Deu Naik
rpa 1/5 15 ia 1455 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1455 OF 2021
IN
CRIMINAL APPEAL NO.471 OF 2021
Vicky @ Vilas Suresh Khichhi .. Applicant/ Appellant
Versus
State of Maharashtra .. Respondent
......
Mr.Raju D. Suryawanshi, Advocate for the Applicant/Appellant.
Mr.S.V. Gavand, APP for the Respondent - State.
......
CORAM : PRAKASH D. NAIK, J.
DATED : JANUARY 27, 2022.
P.C. :
This is an application for suspension of sentence and
grant of bail during pendency of Criminal Appeal No.471 of 2021.
2 The applicant (accused no.1) and others were convicted
for the offence punishable under Section 307 of Indian Penal Code and
and sentenced to suffer rigorous imprisonment for seven years and to
Digitally
signed by
pay fne of Rs.500/-, vide judgment and order dated 8 th March, 2021,
RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER Date: passed by the learned Additional Sessions Judge, Nashik, in Sessions
2022.01.28
17:51:28
+0530
Case No.109 of 2015.
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3 Learned advocate for the applicant submitted that the
applicant was on bail during the trial. During the pendency of this
Appeal, the applicant has been granted temporary bail on the ground
of pandemic of Covid-19 and the said order is in operation. It is
further submitted that the co-accused (accused nos.2 to 4) has
preferred criminal Appeal No.487 of 2021. The Appeal has been
admitted by this Court. The said accused had prefrred interim
application no.1485 of 2021, and, the said application has been
allowed vide order dated 30th June, 2021, granting bail to them by
suspending the sentence of imprisonment. The order dated 30 th June,
2021, indicate that one of the accused was not in custody while the
sentence was suspended. He further submitted that the order dated
30th June, 2021, mentions the fact that the convict therein had fled
Affdavit-cum-Undertaking, which is taken on record and in the said
Undertaking it was stated that in the event the said accused are
released on bail, they will not commit any offence or indulge any crime
in future.
4 Learned counsel for the applicant pointed out the order
dated 20th December, 2021, passed by this Court in the present
Interim Application, wherein it was recorded that the co-accused who
have fled Criminal Appeal No.487 of 2021, have been released on bail
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on fling an Affdavit-cum-Undertaking that they will not commit or
will not indulge in any crime in future. The advocate for the
applicant/appellant sought leave to fle similar Affdavit-cum-
Undertaking in this Appeal. Leave was granted by permitting the
applicant/appellant to fle such Undertaking before the next date of
hearing. Learned advocate submitted that in the light of leave granted
to the applicant/appellant, Affdavit-cum-Undertaking dated 13 th
January, 2022, has been fled in this application stating that the
applicant/appellant will not commit any offence or indulge in any
crime in future, and, that he will not contact or issue threats to the
complainant, witnesses or any person concerned with the present
case, and, shall keep the trial Court informed of my current address
and mobile number. Applicant to fle Undertaking, that he will
scrupulously follow all the terms and conditions, while released on
bail.
5 Learned APP, however, submitted that the order granting
bail to the co-accused refers to the role played by the said applicants.
The role of the applicant can be distinguished from the co-accused.
6 On perusal of order dated 30th June, 2021, it can be seen
that in paragraph 7 of the said order, this Court has noted that the
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incident had occurred at the spur of moment and the accused has
assaulted the injured.
7 It is noted that the applicant was on bail during the trial.
The co-accused who were convicted for the similar offence are
directed to be released on bail by taking into consideration the factual
aspects, and, also that they have fled Undertaking before this Court.
The applicant was permitted to fle similar Undertaking in this
application vide order dated 20th December, 2021.
8 In view of the above, this application can be allowed.
9 Hence, I pass the following order:
:: O R D E R ::
(i) Interim Application No.1455 of 2021, is allowed;
(ii) During pendency of Criminal Appeal No.471 of 2021, the
sentence of imprisonment imposed vide judgment and
order dated 8th March, 2021, passed by the learned
Additional Sessions Judge, Nashik, in Sessions Case No.109
of 2015, is suspended and applicant is enlarged on bail on
furnishing P.R.Bond in the sum of Rs.20,000/-, with one or
two sureties in the like amount;
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(iii) Applicant shall report to the trial Court once in two months
on the day/date specifed by the trial Court, till his Appeal is
fnally disposed of;
(iv) Applicant shall not contact or threaten the complainant,
witnesses or any person concerned with the case;
(v) 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;
(vi) 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 fle an
application seeking cancellation of bail;
(vii) Applicant is permitted to furnish cash bail in the sum of
Rs.20,000/-, for a period of eight weeks, in lieu of surety;
(viii) Interim Application No.1455 of 2021, stands disposed of
accordingly;
(ix) All concerned to act on an authenticated copy of this order.
(PRAKASH D. NAIK, J.)
