Vijay Alias Vijya Bibhishan Kale vs State Of Maharashtra
2023 Latest Caselaw 11526 Bom

2023:BHC-AS:34723

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.3278 OF 2023
                                                     IN
                                      CRIMINAL APPEAL NO.1169 OF 2023

                    Vijay Alias Vijya Bibhishan Kale                     .... Applicant /
                                                                            Appellant
                           Versus
                    State of Maharashtra                                 .... Respondent
                                                        .....

Mr. Nikhil D. Patil 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

Applicant challenging the judgment and conviction.

2. Applicant is convicted by the Special Judge under MCOC Act,

Pune in MCOC Spl. Case No.9 of 2014 under Sections 395 of the

Indian Penal Code, 1860 and under Sections 3(1)(ii), 3(4) of the

Maharashtra Control of Organized Crime Act, 1999 and sentenced to

suffer rigorous imprisonment for ten years and to pay fine of

Rs.10,50,000/-.

                    Vina Khadpe





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3.       Heard learned counsel for the applicant and learned                Addl. PP

for the respondent - state.

4. Perused the record. Out of ten years of substantial sentence of

imprisonment, the applicant has already undergone, 9 years of

imprisonment.

5. Learned counsel for the applicant submits that the applicant has

already undergone 9 years of imprisonment. He further submits that

since the applicant is in jail since last 9 years, he is not in position to

deposit the fine amount of Rs.50,000/- imposed under Section 395 of

the Indian Penal Code, 1860.

6. This Application is opposed by the learned APP contending that

two more offences are pending against the Applicant. However,

considering the fact that the applicant has already undergone

substantive period of sentence, the Application deserves to be allowed

and hence the following order :-

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed on the applicant vide judgment and order dated 17 June 2021 in MCOC Spl. Case No.9 of 2014 is suspended during the pendency of this Appeal.

(iii) Applicant - Vijay Alias Vijya Bibhishan Kale be released on bail on executing PR bond in the sum of

Vina Khadpe

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Rs.25,000/- with one surety in the like amount.

(iv) Fine amount be paid, if already not paid.

(v) Applicant shall attend the concerned police station twice in a month on the first and third Sunday between 10.00 am to 12 noon.

(vi) Applicant shall furnish residential address proof and cell number to the concerned police station.

(NITIN B. SURYAWANSHI, J.)

Vina Khadpe