Bombay High Court
Vikas Balasaheb Mhaske vs The State Of Maharashtra on 20 December, 2023
Bench: Prakash D. Naik, N. R. Borkar
904-IA-4084-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4084 OF 2023
IN
CRIMINAL APPEAL NO. 681 OF 2014
Vikas Balasaheb Mhaske ... Applicant
Versus
The State Of Maharashtra ...Respondent
....
Mr. Harshad V. Nimbalkar (Through V.C.) a/w Mr. Abhished Arote, Mr.
Satyam H. Nimbalkar, Advocate for the Applicant.
Mrs. M.H. Mhatre, APP for the Respondent - State.
....
CORAM : PRAKASH D. NAIK, &
N. R. BORKAR, JJ.
DATE : 20th DECEMBER, 2023.
P.C.:
1. This is an application for suspension of sentence and
grant of bail during the pendency of Criminal Appeal No.681 of
2014.
2. The applicant has been convicted for an offence
punishable under Section 302 r/w Section 34 of Indian Penal Code
(for short "IPC") vide Judgment and order dated 25th July 2014
passed by the learned Sessions Judge, Solapur and sentenced to
suffer imprisonment for life.
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3. Learned Advocate for the applicant submitted that the
applicant has undergone actual imprisonment of 10 years, 07
months and 28 days and including remission he has undergone the
period of 14 years, 05 months and 09 days. The co-accused were
also convicted for an offence under Section 302 of IPC were
directed to be released on bail by this Court vide order dated 4 th
October 2023 passed in Interim Application No.3287 of 2023.
4. Learned A.P.P. submitted that the overt act attributed to
the applicant can be distinguished from the co-accused, who has
been granted bail by this Court. It is further submitted that the
applicant has undergone actual imprisonment of 10 years, 7
months and 28 days. Learned A.P.P. produced the report submitted
by the jail. The said report is taken on record. It is further
submitted that the remission period of custody undergone by the
applicant is 14 years, 05 months and 09 days. The applicant was
attributed role of assaulting by weapon, whereas the co-accused
who are granted bail were assigned the role of assisting the
applicant in committing the crime. They were not armed with
weapons.
5. We have perused the order dated 4 th October 2023.
While suspending the sentence and granting bail to the co-accused,
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this Court had not considered the merits of the case but took into
consideration the fact that they were in custody for a period of
about 12 years.
6. It is pertinent to note that the applicant has actually
undergone the period of 10 years, 07 months and 28 days and with
remission he has completed period of 14 years, 05 months and 09
days. Considering these circumstances, case for suspension of
sentence and grant of bail is made out.
ORDER
i. Interim Application No. 4084 of 2023 is allowed.
ii. During the pendency of Criminal Appeal No.681 of
2014, the substantive sentence of imprisonment imposed vide
Judgment and order dated 25th July 2014 passed by the
learned Sessions Judge, Solapur in Sessions Case No.150 of
2011 is suspended and the applicant is directed to be
released on bail on executing P.R. Bond in the sum of
Rs.25,000/- with one or two local sureties in the like amount;
iii. The applicant shall attend the concerned Police Station
once in three months on first Saturday of the month till the
final disposal of the appeal;
iv. Interim Application stands disposed of accordingly.
(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)
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