Narhari Narayan Satam @ Pankaj vs The State Of Maharashtra
2023 Latest Caselaw 3834 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
             CRIMINAL APPEAL NO. 739 OF 2022
                          WITH
           INTERIM APPLICATION NO. 1038 OF 2023
                           IN
             CRIMINAL APPEAL NO. 739 OF 2022

Narhari Narayan Satam @ Pankaj         .. Appellant
                       Versus
The State of Maharashtra               .. Respondent

                          WITH
             CRIMINAL APPEAL NO. 618 OF 2022
                          WITH
           INTERIM APPLICATION NO. 2270 OF 2022
                           IN
             CRIMINAL APPEAL NO. 618 OF 2022

Bhushan Ramchandra Satam               .. Appellant
                       Versus
The State of Maharashtra               .. Respondent

                          WITH
             CRIMINAL APPEAL NO. 300 OF 2023
                          WITH
           INTERIM APPLICATION NO. 2477 OF 2022
                           IN
             CRIMINAL APPEAL NO. 300 OF 2023

Puranshankar Rajnarayan Mishra         .. Appellant
                       Versus
The State of Maharashtra               .. Respondent


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                                ...
Mr. J.G. Shetty for the appellant in Appeal No. 739/2022.
Mr.Sarthak P. Shetty for the appellant in Appeal No.618/2022.
Mr.Suryakant Shelke i/b Sandesh More and Rohin Chauhan for
the appellant in Appeal no.300/2023.
Ms.P.N. Dabholkar, APP for the State.

                            CORAM: BHARATI DANGRE, J.

DATED : 18th APRIL 2023 P.C:-

1 There may be no quarrel about the position which is sought to be projected by the counsel for the appellants, that the appellants having been sentenced to suffer Rigorous Imprisonment of 10 years of being convicted under the provisions of MCOCA have already undergone approximate period of 8 years or so. The Appeals filed by the appellants against the judgment dated 31/8/2022 passed by the Sessions Judge, being MCOCA, are already admitted.

While admitting the Appeals, Record and Proceedings was called for, which is not yet received and hence, paper book is not prepared.

2 While hearing the Interim Applications which seek suspension of sentence and release of the applicants on bail, prima facie, when I have cursorily gone through the findings recorded in the impugned judgment, I find myself in a difficult position to appreciate the entire evidence, in absence of the exhibits, which Tilak

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have been produced through the various witnesses of the prosecution to examine it's case. Particularly, since the finding as regards the telephonic threats being administered to the witnesses for the purpose of extortion at the instance of the gang leader Guru Sagar, who is informed to have been absconded, it is necessary to delve deep into the entire material which was placed before the learned Judge, on the basis of which he recorded the conviction and imposed appropriate sentence.

In the circumstances, I deem it appropriate to expedite the hearing of the Appeal itself, being conscious of the fact that the sentence imposed upon the appellants is of 10 years and out of which, almost 8 years, they are incarcerated.

3 In the circumstances, Registry is directed to expedite the process of calling of R & P from the Court of Special Judge under the MCOC Act, who has tried MCOC Special Case No.7/2015. The process need to be expedited in the interest of justice as it should not happen that on having undergone the sentence, the Appeals are rendered infructuous.

4 The Registrar shall take necessary steps to call for the Record and Proceedings and direct the paper book to be prepared by taking advantage of the summer vacation.

In any case, the R & P along with the paper book should be received by this Court on or before 30/6/2023.

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5                 List the Appeals on 3/7/2023 for compliance and
fixing up a date for final hearing.

The Interim Applications are kept pending with an intention that the further course of action would be dependent upon the compliance of these directions.

( SMT. BHARATI DANGRE, J.)

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