Bombay High Court
Rajesh @ Daya Ramesh Chauhan And ... vs State Of Maharashtra on 9 June, 2023
Bench: Prakash Deu Naik
2023:BHC-AS:15378
DAE 39-IA-1195-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1195 OF 2023
IN
CRIMINAL APPEAL NO. 370 OF 2023
1. Rajesh @ Daya Ramesh Chauhan
2. Jatashankar Dinanath Pandey ... Applicants
Versus
The State Of Maharashtra ...Respondent
....
Mr. Ravi Dwivedi Advocate for Applicants.
Mr. Y. M. Nakhwa, APP for the Respondent - State.
PSI. Sawant D.C.B. CID Unit XI. is present.
....
CORAM : PRAKASH D.NAIK, J.
DATE : 9th JUNE, 2023.
P.C.:-
1. This is an application for suspension of sentence and grant of bail
during the pendency of Criminal Appeal preferred by the applicant
challenging the judgment and order dated 13 th February 2023 passed by
learned Additional Sessions Judge, Greater Mumbai convicting the
Applicants for offences punishable under Sections 399 and 402 of Indian
Penal Code. On both the counts, applicants are sentenced to suffer rigorous
imprisonment of fine years which are directed to run concurrently.
2. Learned Advocate for the Applicants submitted that, the applicant
No.1 is in custody for a period of two years whereas the Applicant No.2 is in
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DAE 39-IA-1195-2023.doc
custody for a period of three years. The prosecution case suffers from
serious infirmities. The applicants were arrested on suspicion. The person
who was to be allegedly robbed by the accused could not be traced. The
appeal may not come up for hearing immediately.
3. Learned APP submitted that, the offence is of serious nature. Reliance
is placed on the affidavit-in-reply filed by Investigating Officer and it is
contended that, there are criminal antecedents against both the applicants
which includes the case registered for offence under Section 302 of I.P.C.
4. In rejoinder, learned Advocate for the applicants submitted that, in
case relating to the offence under Sections 302, 307 of I.P.C. registered with
Mira Road Police Station vide C.R. No.153 of 2015, the applicant was
granted bail by this Court vide order dated 25 th April 2017. Reliance is
placed on the copy of order passed by this Court. It is submitted that, all the
antecedents referred to in the affidavit-in-reply filed by prosecution are the
incidents which had occurred prior to registration of the present crime.
5. It is pertinent to note that, the sentence of imprisonment is of five
years out of which the applicants have undergone imprisonment of two
years and three years respectively. Appeal may not be heard expeditiously.
Considering all the aforesaid circumstances, sentence of imprisonment can
be suspended.
ORDER
(i) Interim Application No. 1195 of 2023 is allowed.
DAE 39-IA-1195-2023.doc
(ii) The substantive sentence of imprisonment imposed vide judgment
and order dated 13th February 2023 passed by the Additional Sessions
Judge, Greater Bombay in Sessions Case No.120 of 2016 is suspended and
the applicants are directed to be released on bail on executing PR bond in
the sum of Rs.25,000/- each with one or more sureties in the like amount.
(iii) The applicants shall report concerned police station once in six
months on first Saturday of the month between 11.00 am to 01.00 p.m. till
final disposal of the Appeal.
(iv) Interim Application stands disposed off.
(PRAKASH D. NAIK, J.)
