Bombay High Court
Ananda @ Anil Vithal Palve And Ors vs State Of Maharashtra on 15 December, 2023
Author: Bharati Dangre
Bench: Bharati Dangre
2023:BHC-AS:37864
1/3 6 IA-4039-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4039 OF 2023
IN
CRIMINAL APPEAL NO.1210 OF 2023
Ananda @ Anil Vithal Palve & Ors. .. Applicants
Versus
The State of Maharasahtra .. Respondent
...
Mr.Pandit Kasar for the Applicants.
...
CORAM: BHARATI DANGRE, J.
DATED : 15th DECEMBER, 2023
P.C:-
1. A praecipe is moved for speaking to the minutes of the
order dated 06/11/2023, by which Interim Application
No.4039 of 2023 is disposed off, which sought suspension of
sentence and release of the Applicants on bail.
While disposing off the Application, reference is made
only to the one Applicant i.e. Ananda @ Anil Vithal Palve and
the order proceeds on an assumption that the Application is
filed by him excclusively.
2. The learned counsel for the Applicants would, however,
invite my attention to the Interim Application, which apart
from Ananda @ Anil Vithal Palve is filed by seven other
M.M.Salgaonkar
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Applicants, who were tried in Sessions Case No.105 of 2021
and by judgment and order dated 05/09/2023, they are
convicted and distinct sentences for the distinct offences
proved by the prosecution, have been imposed.
Inadvertently, the Application is considered only qua
Applicant No.1 and not against the remaining seven
Applicants.
3. With the able assistance of the learned counsel for the
Applicants, I have perused the judgment dated 05/09/2023.
When the prosecution case which has surfaced through
impugned judgment is carefully perused, the role attributed to
Applicant Nos.2 to 8 is of creating a ruckus by raising shouts
and hurling abuses, so as to deter the police officers from
taking Ashok Gangurde, the person who was found slipping on
the cot with a chopper, to the police station. The investigation
has later revealed that the person who has given his name as
Ashok Gangurde was in fact Ananda @ Anil Vithal Palve.
It is the case of the prosecution that one person, who was
apprehended in connection with an offence of dacoity i.e.
Mahesh Shirsath, intended to lead the Investigating Officer to
the LCDs and other stolen articles, which included a mobile
phone and that is how, they reached the house of one Vithal
Palve for the purpose of recovery of the mobile phone and the
incident alleged, has taken place on their visit to the house of
Vithal Palve.
All the accused persons are found guilty of committing
the offences punishable under Sections 341, 353, 143, 147,
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504, 506 read with Section 149 of the Indian Penal Code and
distinct sentences are imposed upon them, which are on
similar lines to that of Applicant No.1- Ananda @ Anil Vithal
Palve.
4. For the reasons recorded in the order dated 06/11/2023
and specifically, by relying upon the decision of the Apexc Court
in the case of Bhagwan Rama Shinde Gosai & Ors. Vs. State of
Gujarat1, it was recorded that since the sentence imposed upon
the accused is of fixced term, he is entitled to be released on
bail, by suspending the sentence imposed upon him vide the
impugned judgment dated 05/09/2023.
The same reasoning entitle the remaining seven
Applicants i.e. Applicant Nos.2 to 8 for being released on bail
and for suspension of the sentence imposed, under the
impugned judgment.
It is clarified that the Interim Application No.4039 of
2023 is allowed qua all the Applicants therein.
( SMT. BHARATI DANGRE, J.)
1 (1999) 4 SCC 421
M.M.Salgaonkar
