Bombay High Court
Ajit Eknath Bhagat vs State Of Maharashtra on 4 July, 2022
Bench: A.S. Gadkari
Osk 28-Ia-1723-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1723 OF 2022
IN
CRIMINAL APPEAL NO. 1026 OF 2021
Ajit Eknath Bhagat ... Applicant/Appellant
V/s.
The State of Maharashtra ... Respondent
Mr.S.R. Borolkar i/b. Mr. Sainand Chaugule for Applicant/Appellant.
Ms.Sharmila Kaushik, A.P.P. for Respondent-State.
CORAM : A.S. GADKARI, J.
DATE : 4th July 2022.
P.C. :
1. This is an application for suspension of sentence and releasing the
Applicant on bail.
2. Applicant is convicted for an offence punishable under Section
307 of The Indian Penal Code (for short, 'I.P.C.') and under Section 3 read
with 25 of The Arms Act and is sentenced to suffer maximum rigorous
imprisonment for five years and to pay a total fine of Rs.6,000/- by the
learned Additional Sessions Judge, Thane by its Judgment and Order dated
22nd November 2021.
3. Mr.Borolkar, learned counsel for Applicant submitted that, the
prosecution has examined in all five eye witnesses, out of which four have
Osk 28-Ia-1723-2022.odt
been disbelieved by the Trial Court and only one independent witness has
been held to be reliable and trustworthy. He submitted that, there are material
discrepancies in the testimonies of witnesses cited by the prosecution. He
further submitted that, the Applicant was released on temporary bail on the
ground of Covid-19 pandemic for about an year and there is no report of
breach of any of the conditions imposed upon him. The Applicant has now
surrendered to jail custody on 1 st June 2022. He further submitted that, the
Applicant as of today has undergone imprisonment of about 2 years and 2
months, out of 5 years of total sentence imposed upon him. He therefore
prayed that, the Applicant may be released on bail.
4. Perusal of record prima-facie indicates that, there is substance in
the submissions advanced by the learned Advocate for the Applicant. That the
Applicant was released on temporary bail on the ground of Covid-19
pandemic for about a year and there is no report of breach of any of the
conditions imposed upon him. It further appears from record that, after
temporary bail period came to an end, the Applicant surrendered himself to
the jail authority on 1st June 2022. Even otherwise the sentence imposed upon
the Applicant is five years of rigorous imprisonment, out of which he has
already undergone 2 years and 2 months of imprisonment. Possibility of
hearing present Appeal on its own merits in near future is remote.
Osk 28-Ia-1723-2022.odt
5. In view of the above, during the pendency of the present Appeal,
the substantive sentence imposed upon the Applicant can be suspended and
he can be released on bail.
6. Hence, the following Order :-
(i) Applicant/Accused be released on bail in Sessions
Case No. 264 of 2019 on his furnishing P.R. bond of
Rs.25,000/- with one or two separate local sureties
in the like amount.
(ii) Applicant is permitted to furnish cash bail for a
period of 12 weeks and during the said period he is
directed to comply with the condition of furnishing
sureties as per clause (i) herein-above.
(iii) After his release from jail and till final disposal of
present appeal, Applicant is directed to attend
Mumbra Police Station on every first Monday of the
month initially for a period of 1 year and thereafter
on every first Monday of every 3 rd month, i.e. 4 times
in a year.
7. Application is allowed in the aforesaid terms.
[A.S. GADKARI, J.]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2022.07.05
14:32:50 +0530
