Bombay High Court
Avanish Dilip Jaiswal vs State Of Maharashtra on 17 April, 2023
Bench: R.P. Mohite-Dere, Sharmila U. Deshmukh
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2023.04.18
CHITNIS 14:57:33 +0530
45-ia.1218.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1218 OF 2023
IN
CRIMINAL APPEAL NO.374 OF 2023
Avanish Dilip Jaiswal ...Applicant
(Original Accused No.2)
Versus
The State of Maharashtra ...Respondent
Mr. S. T. Pandey a/w Mr. Arvind Singh, Ms. Anima Mishra,
Ms. Angela Singha and Ms. Kajal Upadhyay, i/b SBG Law, for the
Applicant.
Mr. S. S. Pednekar, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE &
SHARMILA U. DESHMUKH, JJ.
DATE : 17th APRIL 2023
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 the aforesaid appeal.
N. S. Chitnis 1/4
::: Uploaded on - 18/04/2023 ::: Downloaded on - 18/04/2023 21:59:50 :::
45-ia.1218.2023.doc
3. The applicant alongwith other co-accused, vide Judgment
and Order dated 2nd March 2023, passed by learned Additional
Sessions Judge, Thane in Sessions Case No. 208 of 2017, has been
convicted and sentenced as under:-
- for the offence punishable under Section 302 r/w 34 of the
Indian Penal Code, to suffer life imprisonment and to pay fine of
Rs.1,000/- each, in default, to suffer rigorous imprisonment for 1
month.
4. According to the prosecution and the evidence that has
come on record, the applicant was unknown to deceased - Vikas. It is
alleged that in the incident, the applicant assaulted the deceased with
fist and kick blows. The evidence of PW2 -Dr. Bandopant Deshmukh
shows that no contusion, abrasion or CLW was found on the person of
the deceased to show that he was assaulted by fist and kick blows.
Admittedly, the applicant is not the person, who is alleged to have
assaulted the deceased with a knife. The applicant was on bail
pending trial and has not misused or abused the liberty granted to
N. S. Chitnis 2/4
::: Uploaded on - 18/04/2023 ::: Downloaded on - 18/04/2023 21:59:50 :::
45-ia.1218.2023.doc
him. The appeal of the applicant has been admitted by this Court
vide order dated 3rd April 2023.
5. Considering the nature of evidence against the applicant,
his role in the incident and the fact that the applicant was on bail
pending trial, the application is allowed and the applicant's sentence
is suspended and he is enlarged on bail, pending the hearing and final
disposal of the aforesaid 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.15,000/- with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in three
months on the day/date specified by the trial Court, till the appeal is
finally disposed of;
N. S. Chitnis 3/4
45-ia.1218.2023.doc
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.
6. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
7. All concerned to act on the authenticated copy of this
order.
SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.
N. S. Chitnis 4/4
