Tipu Sultan Firoj Mansuri And Anr vs State Of Maharashtra And Anr
2023 Latest Caselaw 11444 Bom

2023:BHC-AS:34431




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                                                                                 11.ia2474.23.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.2474 OF 2023
                                        IN
                         CRIMINAL APPEAL NO.771 OF 2023


             1. Tipu Sultan Firoj Mansuri                     ...
             2. Aniruddha Amrish Rathod                       ... Applicants
                   vs.
             The State of Maharashtra & Anr.                  ... Respondents


             Mr. Sushant Mhatre for the Applicants.
             Mr. A. R. Patil APP for the Respondent-State.
             Mr. Kushal Mor with Tanmay Karmarkar for Respondent No.2.


                                    CORAM : NITIN B. SURYAWANSHI, J.

DATED : 7TH NOVEMBER 2023

P. C. :

1. Learned Advocate for applicants states that

applicants are convicted under Section 304 (Part II) and are

sentenced to suffer rigorous imprisonment for seven years.

He argued on merits of conviction and submitted that

prosecution has failed to prove charge beyond reasonable

doubt. He further submit that since this is a short term

sentence, applicant may be released on bail, pending appeal.

2. Learned APP as well as learned Advocate for

Shiv

11.ia2474.23.doc Respondent No.2 vehemently opposed application. They

submit that there is CCTV footage which shows the assault

committed by applicants. Eye witnesses have implicated

both applicants as assailants of the deceased, therefore, this

is not a fit case to enlarge applicants on bail, during

pendency of appeal.

3. From the impugned judgment, prima facie it

appears that in CCTV footage, actual assault by applicants

on deceased is not seen. There appears other persons also

involved in the alleged incident.

4. This is a short term sentence. In the wake of

decision of the Apex Court in the case of Bhagwan Rama

Shinde Gosai and Ors. vs. State of Gujarat 1, and as no

substantial circumstances are made out to deny bail to

applicants and since applicants are in jail since last about 14

months and as appeal is not likely to be heard in near future,

application deserves to be allowed. Hence, the following

order :

       (a)    Application is allowed.

       (b)    Substantive sentence imposed on applicants vide

judgment and order dated 23rd June 2023, in Sessions Case

1 (1999) SCC (Cri.) 553

Shiv

11.ia2474.23.doc No.452 of 2019, is suspended during pendency of appeal.

(c) Applicants be released on bail on executing personal

bond in the sum of Rs.25,000/- each with one or more

sureties in the like amount.

(d) Applicants shall be released on deposit of fine amount.

(e) Applicants shall attend concerned police station twice a

month on every 1st and 3rd Sunday between 10 am and 12

noon and shall residential address and cell numbers to

concerned police station.

[NITIN B. SURYAWANSHI, J.]

Shiv