Balaram Sukrya Mhatre vs The State Of Maharashtra
2023 Latest Caselaw 832 Bom

                              Digitally signed
                              by CHITRA
                   CHITRA     SANJAY
                   SANJAY     SONAWANE
                   SONAWANE   Date:
                              2023.01.27
                              15:38:12 +0530

Chitra Sonawane.
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                                                       31-IA-2559-2022.doc



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CRIMINAL APPELLATE JURISDICTION

             INTERIM APPLICATION NO. 2559 OF 2022
                             IN
                CRIMINAL APPEAL NO.666 OF 2012

Balaram Sukrya Mhatre
Age 60 years, R/o Padale village
Mothi Desai, Shilphata road,
Taluka Kalyan, Dist.Thane
(at present lodged in Kalmba jail,
Kolhapur)                                ... Applicant/Org.Accused
                                           No.1.

                   Versus

The State of Maharashtra
(At the instance of Vikhroli
Police station vide C.R. No.
249 of 2004 and DCB CID
Unit-VII, vide CR No.152 of 2004) ... Respondent.

                             ....
Mr Raju Suryawanshi, Advocate for Applicant.

Smt.GP Mulekar, APP for the Respondent-State.
                             ....

                            CORAM: NITIN W. SAMBRE &
                                   R. N. LADDHA, JJ.

                            DATE         : 24 JANUARY 2023.
 Chitra Sonawane.
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                                                      31-IA-2559-2022.doc


P.C. :-

.        Accused No.1- Balaram Sukrya Mhatre has invoked the

provisions of Section 389(1) of the Code of Criminal Procedure,

for suspension of sentence and grant of bail, after having suffered

conviction u/s 304 of the Indian Penal Code.



2.       Learned Counsel for the Applicant has invited attention of

this Court, to the Order dated 25.10.2013, in the case of Pradeep

Oliver D'mello Vs. The State of Maharashtra, in Criminal

Application No.1253 of 2013 in Criminal Appeal No.605 of 2012,

wherein, prayer u/s 389(1) of Cr.P.C. of the aforesaid co-accused

was rejected, as there was prima facie evidence. The Court has

relied on the evidence of PW 3 Vijay for the purpose of rejection of

complaint.



3.       Thereafter, the said Accused preferred Writ Petition

No.2459/2019, which was allowed by this Court vide order dated

10.1.2023, wherein, the Division Bench has passed the following

order.
 Chitra Sonawane.
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                                                           31-IA-2559-2022.doc


                                : ORDER :

(a) The impugned order dated 6th December, 2018 refusing to grant premature release to the petitioner is quashed and set aside;

(b) The petitioner is placed in category-I of Annexure-II relating to Section 304 (Part

1) of the IPC of the Guidelines for Premature Release under the "14 year Rule" of Prisoners serving Life Sentence dated 15th March, 2010;

(c) The prison Authorities are directed to release the petitioner forthwith.

4. In the aforesaid background, this Court has called upon

learned APP to appraise this Court as to the period for which the

Applicant has undergone the sentence. We are informed from the

report of the Additional Senior Jailor, Thane, that the Applicant has

undergone 16 years of life imprisonment, as against the

punishment awarded u/s 304 of the IPC.

5. Learned APP in the aforesaid background, submits that

considering the gravity and seriousness of the offence in which, the

Applicant was convicted, the Court should not direct his release as

he might indulge into similar type of criminal acts. Chitra Sonawane.

31-IA-2559-2022.doc

6. We have appreciated the submissions. In the matter of the

co-accused Pradip Oliver D'mello, delivered by this Court, in

Criminal Writ Petition No.2459 of 2019 vide order dated 10th

January 2023, directed premature release in the very same crime, in

which the Applicant is also seeking relief. In the said case also, the

Accused Pradip D'mello has undergone imprisonment of 16 years

and 3 months and 5 days, inclusive of remission, which is similar

fact in case in hand also.

7. As the iota of evidence available against the said co-accused

Pradip D'mello, so also the present applicant is identical, and this

Court vide order dated 10th January 2023 has directed premature

release of the said Accused, against the very same Judgment of

conviction, in our opinion, case for grant of release is made out.

Hence, the following order.

ORDER

(a) Sentence stands suspended.

(b) The Accused be released on executing Chitra Sonawane.

31-IA-2559-2022.doc

PR Bond of Rs.25,000/- with one or more

sureties in the like amount.

[R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]