Vidya Savalaram Kadam And Ors vs State Of Maharashtra And Ors
2023 Latest Caselaw 11546 Bom

2023:BHC-AS:34377

                                                                       903. IA 4075-23.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.4075 OF 2023
                                              IN
                                 FIRST APPEAL NO.1222 OF 2023

             1. Vidya Savalaram Kadam
             age 38 years occ. Housewife.
             R.o. Ridhika Niwas, Near
             Bhujbal Nursery, Dhig Road, Bhosari
             Pune.

             2. Vicky Sawalaram Kadam
             Age 23 years occ. Service
             R/o. Ridhika Niwas, Near Bhujbal
             Nursery, Dhig Raod, Bhosari, Pune

             3. Savlaram Shankar Kadam
             Age 42 years R/o. Ridhika Niwas,
             Near Bhujbal Nursery, Dhig Road,
             Bhosari, Pune
             (languishing in Yerawada Central Prison) ...     Applicants/Appellants
                         Versus
             1. State of Maharashtra
             (through the Bhosari Police Station,
             Pune)

             2. Suresh Dattatray Parhad
             Age 39 years

             3. Vitthal Dattatray Parhad
             Age 40 years

             Both (through Bhosari
             Police Station Pune
             in CR No.253 of 2012)                          ...     Respondents
                                             ***
             Mr. Satyavrat Joshi for the Applicants/Appellants.
             Mr. A.R. Patil, APP for Respondent No.1-State.
                                             ***


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                                                                  903. IA 4075-23.doc




                        CORAM : NITIN B. SURYAWANSHI, J.

DATE : 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 are challenging the judgment and order of their

conviction.

2 Applicants are convicted by the Additional Sessions Judge, at

Pune in Sessions Case No.01/2013 under Section 235 (2) of the

Code of Criminal Procedure, 1973 for the offence punishable under

Sections 307, 324, 504, r/w 34 of the Indian Penal Code 1860 and

sentenced to suffer rigorous imprisonment for five years and to pay

fine of Rs.25,000/- each.

3 Heard learned Counsel for the Applicants, learned APP for

Respondent No.1-State and Ms. Leena Patil for Respondent No.2.

4 Perused the record. Admittedly, the sentence is a short term

sentence and the appeal preferred by the Applicants/Appellants is not

likely to be heard in near future. There are no criminal antecedents

against the Applicants and they have not misused liberty, while on

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903. IA 4075-23.doc

bail during trial. Fine amount is already deposited by Applicants. No

exceptional circumstances are there on record to deny relief to the

Applicants. In the light of decision of the Apex Court in the case of

Bhagwan Rama Shinde Gosai and Ors. Vs. State of Gujrat 1, the

Applicants deserve to be released on bail. Hence, the following

Order :

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed vide judgment and order dated 19 th October 2023 in Sessions Case No.01/2013 is suspended during the pendency of the Appeal.

(iii) Applicant No.1-Vidya Savalaram Kadam, Applicant No.2-Vicky Sawalaram Kadam and Applicant No.3- Savalaram Shankar Kadam be released on bail on executing PR bond in the sum of Rs.15,000/- each with one surety in the like amount.

(iv) Applicant No.2-Vicky Sawalaram Kadam and Applicant No.3- Savalaram Shankar Kadam shall attend the concerned Police Station once in a month on every first Sunday between 10.00 to 12.00 noon., until further orders.

1(1999) SCC (Cri.) 553

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(v) Applicant No.1-Vidya Savalaram Kadam, Applicant No.2-Vicky Sawalaram Kadam and Applicant No.3- Savalaram Shankar Kadam shall furnish their permanent address proof along with copies of their Aadhar Cards and Cell numbers in the concerned police station.

(NITIN B. SURYAWANSHI, J.)

Chittewan 4/4 Signed by: Rajesh Chittewan Designation: PA To Honourable Judge Date: 09/11/2023 13:26:17