Vikramsingh Gumansingh Rajput @ ... vs State Of Maharashtra
2023 Latest Caselaw 11443 Bom

2023:BHC-AS:34429




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                                                                        10.ia2457.23.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.2457 OF 2023
                                        IN
                         CRIMINAL APPEAL NO.178 OF 2023


             Vikramsingh Gumansingh Raput @
             Vikramsingh Gumansingh Rajpurohit            ...Applicant
                  vs.
             The State of Maharashtra                     ...Respondent


             Mr. Kamlesh N. Gujar for the Applicant.
             Mrs. M. H. Mhatre APP for the Respondent-State.


                                    CORAM : NITIN B. SURYAWANSHI, J.

DATED : 7TH NOVEMBER 2023

P. C. :

1. Learned Advocate for applicant states that two

cases were registered against applicant i.e. Sessions Case

No.18 of 2009, wherein applicant was charged under

Sections 395, 397, 452, 450 of Indian Penal Code read with

Arms Act, in which, applicant is acquitted. In Sessions Case

No.1026 of 2004, wherein, applicant is charged under

Sections 302, 456 read with 34 of Indian Penal Code, pending

against applicant, which he is conducting on behalf of

applicant. He further states that in this Sessions trial,

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10.ia2457.23.doc applicant is on bail. According to him, applicant has already

undergone six years and ten months imprisonment out of ten

years sentenced imposed on applicant. He, therefore, prays

for releasing applicant on bail.

2. Learned Advocate further submits that since

applicant is in jail since last six years, he is not in position to

deposit fine amount of Rs.10,00,000/- in this Court.

3. Learned APP strenuously opposed application

contending that serious offence is registered against

applicant under Sections 302, for which Sessions Case

No.1026 of 2004, is pending against him. Considering

judgment of the trial Court, there is sufficient evidence on

record, therefore, applicant is not entitled to be released on

bail.

4. Taking into consideration the fact that out of ten

years sentence of imprisonment, applicant has already

undergone six years ten months imprisonment and as

applicant is on regular bail in Sessions Case No.1026 of

2004, and the fact that present appeal is not likely to be

heard in near future, applicant deserves to be released in the

light of decision of the Apex Court in the case of Bhagwan

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10.ia2457.23.doc Rama Shinde Gosai and Ors. vs. State of Gujarat1.

5. In the result, the following order :-

       (i)     Application is allowed.

       (ii)    Substantive sentence of imprisonment               imposed on

applicant vide judgment and order dated 22nd June 2021 in

Sessions (MCOCA) Case No.1 of 2017, is suspended during

pendency of appeal.

(iii) Applicant be released on executing personal bond of

Rs.25,000/- with one or more sureties in the like amount.

(iv) Applicant shall deposit fine amount of Rs.21,000/-

imposed on him under Sections 307, 387, 506(2) and 323

read with 34 of Indian Penal Code.

(v) Applicant shall further deposit fine of Rs.1,00,000/-

within eight weeks from date of release. On deposit of such

amount substantive sentence of fine of Rs.10,00,000/- shall

stand suspended.

(vi) Applicant be released on cash bail of Rs.25,000/-.

Surety shall be furnished within eight weeks from the date of

release.

(vii) Applicant shall attend concerned police station twice a

month of 1st and 3rd Sunday between 10 am to 12 noon.

1 (1999) SCC (Cri.) 553

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10.ia2457.23.doc

(viii) Applicant shall furnish his residential address and cell

phone number to the concerned police station.

[NITIN B. SURYAWANSHI, J.]

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