Bombay High Court
Santosh Ramchandra Lande vs State Of Maharashtra on 4 July, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.07.05
CHITNIS 16:10:21 +0530
19-ia.1578.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1578 OF 2022
(For Suspension of Sentence and for Bail)
IN
CRIMINAL APPEAL NO.623 OF 2021
Santosh Ramchandra Lande ...Applicant
(Orig. Accused no.13)
Versus
The State of Maharashtra ...Respondent
Mr. Manoj Mohite, Senior Advocate a/w Mr. Shailesh Chavan, Ilsa
Shaikh and Mr. Vishal Khatavkar, for the Applicant/Appellant.
Mr. S. S. Pednekar, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
DATE : 4th JULY 2022
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 his aforesaid appeal.
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3. The applicant alongwith other co-accused vide Judgment
and Order dated 22nd July 2021, passed by learned Additional Sessions
Judge & Additional Special Judge under MCOC Act, Pune, in
MCOCA Case No. 02 of 2007, has been convicted for the offence
punishable under Section 302 of the Indian Penal Code and is
sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/-
in default, to suffer rigorous imprisonment for six months. The
applicant alongwith other co-accused has also been convicted for the
offences punishable under Sections 143, 147, 148, 149 and 427 of the
Indian Penal Code and was awarded separate sentences for the said
offences. All the substantive sentences were directed to run
concurrently.
4. The applicant alongwith other co-accused was however
acquitted of some of the offences punishable under the Indian Penal
Code (I.P.C) and Maharashtra Control of Organized Crime Act
(MCOC Act).
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5. Perused the papers. It appears that initially 18 accused
were charged for various offences, the principal offence being under
Section 302 of I.P.C and under the provisions of MCOC Act. During
the course of trial, we are informed that 3 accused expired. After a full
fledge trial, 12 accused came to be acquitted of all the offences with
which they were charged. Only 3 accused (including the applicant)
were convicted for the offence as stated aforesaid. As far as the
applicant is concerned, it appears that there are 4 relevant eye-
witnesses qua the applicant. As far as PW12 - Ganesh Godse is
concerned, he has stated that he had seen the applicant alongwith
other co-accused going on a motorcyle i.e. fleeing from the spot on a
motorcycle towards Nal-stop. As far as PW14 - Vikas Mohol is
concerned, the said witness has not identified the applicant either in
the Test Identification Parade or in the Court. PW24 - Suresh Marne
has also not identified the applicant in the Test Identification Parade,
however, has identified the applicant in the Court. No specific overt
act has been attributed by the said witness to the applicant. As far as
PW30 - Prakash Karpe is concerned, he has not identified the
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applicant in the Test Identification Parade, however, has identified the
applicant in the Court. The said witness has also not attributed any
overt act to the applicant. Primarily all the witnesses have attribted a
specific role to accused No.1 - Sachin Pote i.e. the said accused fired 6
gunshots at the deceased. No specific role has been attributed to the
applicant. It is not in dispute that the applicant is acquitted of the
offence punishable under the MCOC Act.
6. Considering the evidence as stated aforesaid, the applicant
has made out a case for suspension of his sentence and enlargement on
bail. Accordingly, the application is allowed and the applicant's
sentence is suspended and he 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.50,000/- with one or two local solvent sureties in the
like amount;
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ii) The Applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till his Appeal is
finally disposed of;
iii) 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;
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.
7. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
8. All concerned to act on the authenticated copy of this
order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
N. S. Chitnis 5/5
