Gautam Vinod Mehta @ Dany And Ors vs State Of Maharashtra
2023 Latest Caselaw 11523 Bom

Citation : 2023 Latest Caselaw 11523 Bom
Judgement Date : 8 November, 2023

Bombay High Court

Gautam Vinod Mehta @ Dany And Ors vs State Of Maharashtra on 8 November, 2023

Bench: Nitin B. Suryawanshi

2023:BHC-AS:34682

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1186 OF 2023
                                                     IN
                                       CRIMINAL APPEAL NO.184 OF 2023

                    1. Gautam Vinod Mehta @ Dany                   .... Applicants /
                    2. Chottelal Lutariram Jaiswar @ Raju             Appellants
                    3. Krishna laxman Khandagale
                    4. Naresh Jayaram Shetty
                           Versus
                    State of Maharashtra                           .... Respondent
                                                     .....

Mr. Ravi Dwivedi for the Applicant/ Appellant.

Mr. A. R. Patil, Addl. P.P. for the Respondent - State.

.....

                                                CORAM : NITIN B. SURYAWANSHI, J

                                                DATED      : 8 November 2023

                    P.C. :

1. This is an application for suspension of sentence and grant of

bail during the pendency of the Criminal Appeal preferred by the

applicants challenging the judgment and conviction.

2. Applicants are convicted by the Additional Sessions Judge &

Special Judge under MCOC/NIA/POTA Act, Greater Mumbai, in

MCOC Spl. Case No.1 of 2016 under Section 120B, 387 of the Indian

Penal Code, 1860, and under Section 3, 7 and 25 of the Arms Act and

under Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of

Vina Khadpe

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organized Crime, 1999, and sentenced to suffer rigorous

imprisonment for 10 years and to pay a fine of Rs.15,17,000 /- each.

Substantial appeals of the appellants are already admitted. According

to the applicants, sentence of 10 years of imprisonment is imposed on

each of them and they have already completed more than 8 years and

4 months of imprisonment by now. They have good case on merits

and they home to succeed. There is no actual participation of the

applicants in the alleged offence. As they are in custody for more than

8 years, they are not in position to deposit the fine amount of

Rs.15,17,000/-

3. Learned APP strongly opposed the Application contending that

two offences are pending against Applicant - Gautam Vinod Mehta @

Dany, one in Ulhasnagar Police Station and another in Thane Central

Police Station and the offence registered in Uttam Nagar Police Station

Delhi, is pending in Tiz Hazari Court. Learned Addl. PP has confirmed

the fact that the applicants have already undergone sentence of 8

years and 4 months and 17 days by now.

4. Considering the fact that the applicants have already undergone

8 years imprisonment out of maximum sentence of 10 years and as

the appeal preferred by the applicants are pending for consideration,

Vina Khadpe

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the applicants deserve to be released on bail. Hence the following

order :-

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed on applicants vide judgment and order dated 16 September 2022 in MCOC Spl. Case No.1 of 2016 is suspended during the pendency of the Appeal and applicant - 1. Gautam Vinod Mehta @ Dany; 2. Chottelal Lutariram Jaiswar @ Raju; 3. Krishna laxman Khandagale; 4. Naresh Jayaram Shetty are directed to be released on bail on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The sentence of payment of fine of Rs.5 Lakhs on each conviction under Section 3(1) (ii), 3(2) and 3(4) of MCOC Act is relaxed and the applicant are directed to deposit fine of Rs.50,000/- each, on each count within a period of 8 weeks from the date of their release.

(iv) It is clarified that the relaxation for payment of fine is granted pending appeal and it is subject to the decision in the appeal challenging order of conviction.