Raja @ Rajesh S/O Rajaram Kaikadi vs State Of Maharashtra
2023 Latest Caselaw 11547 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

          INTERIM APPLICATION (ST) NO.20670 OF 2023
                             in
              CRIMINAL APPEAL NO.1139 OF 2023

Raja @ Rajesh s/o Rajaram Kaikadi              .... Applicant /
                                                  Appellant
      Versus
State of Maharashtra and anr.             .... Respondents
                             .....

Ms. Bhagyesha Kurane 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 Additional Sessions Judge,

Panvel-Raigad in Special MCOC Case No.31/2021 under Sections

385, 387, 506(2), 504 r/w 34 of the Indian Penal Code, 1860

and under Sections 3 and 25 of the Arms Act, 1959, under

Sections 37(1)(3) and 135 of the Maharashtra Police Act, 1951

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

Control of Organized Crime Act, 1999 and sentenced to suffer

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rigorous imprisonment for fve years and to pay fne of

Rs.10,000/- in default to suffer simple imprisonment for six

months.

3. Heard learned counsel for the applicant and learned

Addl. PP for the respondent - state.

4. Perused the record. Admittedly, out of fve years of

substantial sentence of imprisonment, the applicant has already

undergone more than three years of sentence of imprisonment.

In the wake of the decision of the Supreme Court in the case

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

as there are no other special circumstances made out to deny

bail the applicant, and since the appeal preferred by the

applicant is not likely to be heard in near future, and there are

no criminal antecedents against the applicant, the applicant

deserves to be released on bail. In the result, the Application is

allowed. Hence, the following order :-

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed on the applicant vide judgment and order dated 14 September 2023 in Special MCOC Case No.31/2021 is suspended during the pendency of this Appeal.

1    (1999) SCC (Cri.) 553


Vina Khadpe
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(iii) Applicant - Raja @ Rajesh s/o Rajaram Kaikadi be released on bail on executing PR bond in the sum of Rs.15,000/- with one surety in the like amount.

(iv) Applicant shall attend the concerned police station once in a month on the frst Sunday between 10.00 am to 12 noon.

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

(NITIN B. SURYAWANSHI, J.)

Vina Khadpe

Signed by: Ms Vina A. Khadpe Designation: PS To Honourable Judge Date: 09/11/2023 19:02:16