Ananda @ Anil Vithal Palve And Ors vs State Of Maharashtra
2023 Latest Caselaw 11377 Bom

2023:BHC-AS:33982



                                                                                  (14)IA-4039-2023.doc


      rajshree


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO.4039 OF 2023
                                                           IN
                                        CRIMINAL APPEAL NO.1210 OF 2023
                    Ananda @ Anil Vitthal Palve                      ]       ..       Applicant
                           vs.
                    State of Maharashtra & Anr.                      ]       ..       Respondents

Mr.Pandit Kasar, for the Applicant.

Mr.S.R. Agarkar, APP for the State.

                                                CORAM : BHARATI DANGRE, J

                                                DATE   :        6th November, 2023.
                    P.C.

                    1]     The present Interim Application is taken out for suspension of

sentence imposed upon the Applicant vide Judgment and order dated

05.09.2023 passed by the Additional Sessions Judge, Nashik in

Sessions Case No.105/2021.

The Applicant alongwith other accused having been found guilty

of committing of offence under Section 341 r/w 149, 353 r/w 149, 143 r/

w 149, 147 r/w 149 and also under Section 506 r/w 149 and 504 r/w

149 of the IPC, is sentenced to distinct period of imprisonment, all the

sentences having been directed to run concurrently. The maximum

sentence imposed is Simple Imprisonment for 3 months.

(14)IA-4039-2023.doc

As far as fine is concerned, though the learned counsel for the

Applicant is not certain about the entire fine having been deposited by

the Applicant, he makes a categorical statement that, if it is not

deposited, within a period of six weeks from today, the fine amount

shall be deposited.

2] Heard the learned counsel for the Applicant and the learned APP

for the State.

The Applicant seek suspension of sentence imposed by the

impugned order, on the ground that the Appeal is admitted by the Court

and the specific ground in the Appeal is the perversity of the finding in

the impugned Judgment and failure of the prosecution to prove the

case beyond reasonable doubt.

3] It is the case of the prosecution that one Mahesh Shirsath, who

has been described as Dacoit expressed his willingness to lead to the

properties stolen by him i.e. 2 LCD TV and mobile phones. He lead the

informant and the investigating team to the house of Mr. Anil Palve i.e.

the Applicant and it is the case of prosecution that when an attempt

was made to pick up the mobile from them, all the accused persons

obstructed the Police officials by creating a ruckus and it is alleged that

the accused Ashok Gangurde, who later revealed to be Ananda Palve,

was armed with a chopper.

(14)IA-4039-2023.doc

It is also alleged that when he was attempting to be taken by the

police, his family members threatened the police officials and

obstructed to take him to police station.

4] The sentence imposed upon the Applicant is of a fixed term and

it is informed that, all the accused have undergone one month of

sentence on their arrest.

In the wake of decision in the case of Bhagwan Rama Shinde

Gosai & Ors. vs. State of Gujarat (1999) 4 SCC 421, pending the

Appeal, the sentence imposed upon the Applicant vide impugned

Judgment dated 05.09.2023 passed by the Sessions Court, Nashik in

Sessions Case No.105/2021 is suspended.

The Applicant is directed to be released on bail on furnishing

fresh bail bonds.

Interim Application is disposed off in the above terms.

[BHARATI DANGRE, J]