Bombay High Court
Yashwant Baliram Patil vs State Of Maharashtra on 14 December, 2023
Bench: Prakash D. Naik, N.R. Borkar
2023:BHC-AS:37926-DB
25-IA-4484-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4484 OF 2023
IN
CRIMINAL APPEAL NO. 425 OF 2018
Yashwant Baliram Patil ... Applicant
Versus
The State of Maharashtra and another ... Respondents
.........
Mr. Kuldeep Patil instructed by Mr. Vivek Salunke for the Applicant.
Ms. M.M. Deshmukh, APP for the State.
.........
CORAM : PRAKASH D. NAIK &
N.R. BORKAR, JJ.
DATED : 14th DECEMBER 2023
P.C. :-
. This is an application for suspension of sentence and grant
of bail during pendency of Criminal Appeal No. 425 of 2018.
2. The applicant (original accused No.11) was prosecuted vide
Sessions Case No.24 of 2013 along with other accused. Vide judgment
and order dated 07.03.2018 passed by the learned District Judge-2 &
Additional Sessions Judge, Kalyan, the applicant has been convicted for
the offence punishable under Section 302 of the Indian Penal Code (IPC)
and sentenced to suffer life imprisonment.
3. The applicant had earlier moved an application for
suspension of sentence and grant of bail before this Court which was
rejected vide order dated 17.12.2018. However, thereafter other accused,
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who were convicted along with the applicant, have been granted bail by
the Apex Court as well as this Court.
4. The learned counsel for the applicant submits that the co-
accused Baliram Patil (accused No.15) had preferred Special Leave
Petition before the Apex Court which has been allowed vide order dated
01.02.2022. The other co-accused Pradeep B. Patil (accused No.2) had
also approached the Apex Court by preferring Petition for Special Leave
to Appeal (Cri.) No.3268 of 2022, which has been allowed vide order
dated 18.08.2022. Thereafter, other co-accused Anil K. Patil (accused
No.4) has been granted bail by suspending the sentence by this Court
vide order dated 01.11.2023. Co-accused Sanjay Karbhari (accused
No.7) had also preferred an application for bail before this Court which
has been allowed vide order dated 08.11.2023. Co-accused Madhukar
Patil has been granted bail by the Court vide order dated 01.12.2023
passed in Interim Application No.436 of 2022. It is submitted that the
role attributed to the present applicant is similar to that of the accused
who have been granted bail by the Apex Court as well as this Court. The
applicant is in custody for a period of about 10 years.
5. The prosecution could not dispute the fact that the overt-act
attributed to the persons who have been granted bail by the Apex Court
as well as this Court is similar to that of the applicant.
6. We have perused the orders passed by the Apex Court as
well as this Court. One of the factor which was considered while
suspending the sentence in the aforesaid orders is that the convicts were
in custody for substantial period of time. Considering these
circumstances, the case for suspension of sentence and grant of bail is
made out.
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ORDER
A. The Interim Application is allowed.
B. The substantive sentence of imprisonment imposed against
the present applicant in Sessions Case No. 24 of 2013 by the learned
District Judge-2 & Additional Sessions Judge, Kalyan vide judgment and
order dated 07.03.2018 is suspended.
C. The applicant - Yashwant Baliram Patil be released on bail
on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two
sureties in the like amount.
D. The applicant shall attend the concerned police station once
in a month, i.e., on first Saturday between 11.00 a.m. to 2.00 p.m., till
disposal of his Appeal.
( N.R. BORKAR, J. ) ( PRAKASH D. NAIK, J. )
