Bombay High Court
Manoj Mukinda Ahiwale vs State Of Maharashtra on 24 January, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 305 OF 2023
IN
CRIMINAL APPEAL NO. 67 OF 2023
Manoj Mukinda Ahiwale ..Applicant
Versus
The State of Maharashtra ..Respondent
__________
Smt. Manisha Devkar for Appellant.
Mr. S. R. Agarkar, APP for State/Respondent.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 24 JANUARY 2023
PC :
1. This is an application for bail pending final disposal of
Criminal Appeal No.67 of 2023 preferred by the applicant. The
prosecution case is that, on 31/10/2009, the applicant burst the
fire crackers in the Court. They were described in Marathi as
'sutali bomb'. He also distributed some pamphlets. He was
shouting some slogans. He was caught on the spot.
2. Learned counsel for the Appellant submitted that the
incident is old which had taken place in the year 2009. The
sentence is short and the Appeal is not likely to be decided within
Digitally
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2023.01.27
10:47:11
+0530
Gokhale
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one year. There are no independent witnesses. All the witnesses
are the court employees. She submitted that, even if it is assumed
that he had burst the fire crackers, his state of mind may be taken
into consideration. She submitted that the Charge was not framed
U/s.286 of the I.P.C. and yet he was convicted under that section.
The ingredients of Section 353 of the I.P.C. are not made out.
3. Learned APP opposed this application. He submitted that
the offence is serious and his conduct should not be condoned.
4. I have considered these submissions. The applicant was
convicted by learned Additional Sessions Judge, Satara vide his
Judgment and order dated 30/11/2022 in Sessions Case No.259 of
2019. The applicant was convicted for commission of offence
punishable U/s.353 of the I.P.C. and was sentenced to suffer R.I.
for one year and to pay a fine of Rs.1000/- and in default of
payment of fine to suffer S.I. for one month. He was convicted for
offence punishable U/s.286 of the I.P.C. and was sentenced to
suffer R.I. for six months and to pay a fine of Rs.1000/- and in
default of payment of fine to suffer S.I. for one month. He was
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acquitted from the charges of offence U/s.336 of the I.P.C. and
under section 3 of the Explosive Substance Act, 1908.
5. I have considered the submissions of both learned
counsel. I have also perused the copies of the depositions annexed
to this application. The applicant was acquitted from the charges
of Section 3 of the Explosive Substance Act, 1908, because,
according to learned Judge, the permission of the competent
authority to prosecute him under that Act was not properly
proved. He has observed that, though, charge was not framed
U/s.286 of the I.P.C., it is a minor offence compared to Section 336
of the I.P.C. This proposition is debatable. It will have to be decided
whether the offence U/s.353 of the I.P.C. is made out. Having said
that, the offence is not minor, but the State has not taken any
steps. It is for the State to take appropriate steps in connection
with these allegations. The offence is old. Since 2009, there are no
allegations that the applicant has committed any further offence or
caused any disturbance. The applicant was on bail during trial. He
has not misused that liberty. Even after his conviction he was
granted bail under the provision of Section 389 of the Cr.p.c. The
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Appeal is not likely to be decided with a period of one year; which
is the major punishment imposed on him. Considering these
aspects, the applicant can be granted bail pending his Appeal; with
certain conditions.
6. Hence, the following order:
ORDER
i) During pendency and final disposal of Criminal
Appeal No.67 of 2023, the Applicant is directed to
be released on bail on his furnishing P. R. bond in
the sum of Rs.30000/- with one or two sureties in
the like amount.
ii) The Applicant shall report to the concerned police
station once in a month for a period of six months
from today.
iii)The Application is disposed of.
(SARANG V. KOTWAL, J.)
