Ravindra Ramesh Arya vs The State Of Maharashtra
2023 Latest Caselaw 5632 Bom

2023:BHC-AS:16047


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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1661 OF 2023
                                                   WITH
                                    INTERIM APPLICATION NO.1662 OF 2023
                                                    IN
                                      CRIMINAL APPEAL NO.506 OF 2023

                    Ravindra Ramesh Arya                                         Applicant
                          versus
                    The State of Maharashtra                                     Respondent

                    Mr.Krishna Singh with Ms.Dimple Ashar, Advocate for Applicant.
                    Mr.Y.M.Nakhwa, APP, for State.

                                               CORAM :    PRAKASH D. NAIK, J.

                                               DATE   :   15th June 2023
                    PC :


                    1.     This is an application for suspension of sentence and grant of
                    bail during pendency of Criminal Appeal preferred by applicant
                    challenging the judgment and order dated 13th February 2023 passed
                    by Additional Sessions Judge, Greater Bombay convicting the
                    applicant for offences u/s.399, 402 of IPC and for offence u/s.3 r/w
                    25 of Arms Act and u/s.37(1)(a) r/w 135 of Maharashtra Police Act.
                    On all the counts applicant is sentenced to suffer rigorous
                    imprisonment and maximum sentence is of five years.


                    2.     Learned advocate for applicant submitted that, the applicant is
                    in custody for a period of 18 months. The prosecution case suffers
                    from serious infirmities. The applicant was 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.




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 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 the applicant which includes the case registered for offence
 u/s.302 of IPC.


 4.       In rejoinder, learned Advocate for applicant submitted that in
 case relating to the offence u/s.302, 307 of IPC 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 the affidavit in reply filed by
 prosecution are the incidents which had occurred prior to
 registration of present crime.


 5.       It is pertinent to note that, the sentence of imprisonment is of
 five years out of which applicant has undergone imprisonment of 18
 months. Appeal may not be heard immediately. Considering all the
 aforesaid       circumstances,   sentence     of     imprisonment           can      be
 suspended.


                                   ORDER

(i) Interim Application No.1661 of 2023 and Interim Application No.1662 of 2023 are allowed and disposed off;

(ii) The substantive sentence of imprisonment imposed vide Judgment an Order dated 13th February 2023 in Sessions Case No.120 of 2016 by Additional Sessions Judge, Greater Bombay is suspended, and applicant is directed to be released on bail on

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executing P.R bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) Applicant shall report concerned police station once in six months on first Saturday of the month between 11.00 a.m and 1.00 p.m till final disposal of the appeal.

(PRAKASH D. NAIK, J.) MST