Suresh Bhikamchand Jain vs The State Of Maharashtra
2022 Latest Caselaw 12394 Bom

                                       DAE                                                     32-IA-1081-2019.doc

                                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                        CRIMINAL APPELLATE JURISDICTION

                                                     INTERIM APPLICATION NO. 1081 OF 2019
                                                                      IN
                                                       CRIMINAL APPEAL NO. 1505 OF 2019

                                  Suresh Bhikamchand Jain                                ...Applicant
                                        Versus
                                  The State of Maharashtra                               ...Respondent


                                  Mr. Aabad Ponda, Sr. Advocate a/w Mr. Subhash Jadhav, Mr.
                                  Chandansingh Shekhawat a/w Mr. Amit Patil i/by Parinam Law
                                  Associates, Advocate for Applicant.
                                  Mr. Shishir Hiray Spl. P.P. a/w Mr. Ankur Pahade & Mr. Anshuman R.
                                  Asane, Sanjay Kokane a/w Ms. M. H. Mhatre, APP for Respondent-
                                  State.


DNYANESHWAR
               Digitally signed
               by
               DNYANESHWAR
                                                                     CORAM :      A. S. GADKARI AND
                                                                                  PRAKASH D.NAIK, JJ.

ASHOK ETHAPE ASHOK ETHAPE Date: 2022.12.03 15:34:51 +0530

DATE : 30th NOVEMBER, 2022.

P.C.:-

. By an Order dated 20th November, 2019, the substantive

sentence imposed upon the Applicant was suspended and the Applicant was

directed to be released on temporary bail for a stipulated period.

2. In para 7 of the said Order, it is specifically observed that, on the date

of passing of the said order i.e. 20 th November, 2019, the Applicant had

already undergone more than 50% of his substantive sentence. The

maximum sentence imposed upon the Applicant is 7 years and as per the

submission of learned Advocate for the Applicant, he has undergone

approximately 4 and ½ years of sentence either as under trial prisoner or

DAE 32-IA-1081-2019.doc

subsequent to passing of the impugned Judgment and Order.

3. Taking into consideration the pendency of Appeals and in

particular the fact that, we are presently taking Appeals against conviction

wherein the Accused persons have already undergone sentence of more

than 7 years, it will not be possible for this Court to take up the present

Appeal for final hearing immediately. The said order dated 20 th November

2019 granting temporary bail to the Applicant has been subsequently

extended from time to time and as of today, there is no report of

commission of breach of any of the conditions by the Applicant.

4. In view of the above, during the pendency of present Appeal,

we confirm the bail granted to the Applicant by Order dated 20 th November,

2019.

5. The condition mentioned in clause (i) of operative part of

Order dated 20th November 2019 directing the Applicant to stay in Mumbai

is hereby waived and the Applicant is permitted to reside in the City of

Jalgaon.

6. The Applicant is directed to furnish his present Mobile and

Landline number along with his address, where he intends to reside at

Jalgaon.

7. Application is allowed in the aforesaid terms.

        (PRAKASH D. NAIK, J.)                       (A. S. GADKARI, J.)