Chandrashekhar Sukdev Sherekar vs State Of Maharashtra
2023 Latest Caselaw 11554 Bom

2023:BHC-AS:34518

                                                   1/3              15-IA-1059-2023.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO.1059 OF 2023
                                                  IN
                                    CRIMINAL APPEAL NO.819 OF 2022

                    Chandrashekhar Sukdev Sherekar                 .... Applicant /
                                                                      Appellant
                          Versus
                    State of Maharashtra and Ors.              .... Respondents
                                                  .....

Mr. Advaid Shukla 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. The applicant is convicted by the Special Judge, Nashik in

Spl. [NDPS] Case No.5 of 2023 under Sections 20(C) of the

Narcotic Drugs and Psychotropic Substances Act, 1985 and

sentenced to suffer rigorous imprisonment of ten years and to

pay fne of Rs.1,00,000/r in default to suffer stipulation of

custodial sentence of rigorous imprisonment for one year.

3. Heard learned counsel for the applicant and learned

Vina Khadpe 2/3 15-IA-1059-2023.doc

Addl. PP for the respondent - state.

4. Learned counsel for the applicant submits that the

applicant is residence of Nashik and serving as a clerk in

Vasantrao Naik school. He happens to know the main accused

and with a view to help the main accused, he carried his own

vehicle to Indore and towed the vehicle of the accused from

Indore to Nashik where the vehicle of the accused was

intercepted on account of secrete information and contraband

substance was found in the vehicle of the accused. Except this,

the applicant has no other involvement in the alleged offence.

There are no criminal antecedents against the applicant. The

applicant was on bail during the trial and he has not misused

the liberty of the bail. Learned counsel therefore submit that

the applicant be released on bail.

5. Learned Addl. P.P. strongly opposed the Application

contending that there is suffcient material on record to indicate

the involvement of the applicant in the serious offence under

the provisions of the Narcotic Drugs and Psychotropic

Substances Act, 1985.

6. Perused the record. Undisputedly, there are no criminal

antecedents against the applicant. Prima facie there appears

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substance in the contention of the applicant that he was not

involved in the alleged offence and only because he was towing

the vehicle of the accused which was raided, he was implicated

in the present crime.

7. Considering the totality of the circumstance, the applicant

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

allowed. Hence, the following order:r

(i) Interim Application is allowed.

(ii) Substantive sentence of imprisonment imposed on the applicant vide judgment and order dated 15 July 2022 in Spl. [NDPS] Case No.5 of 2023 is suspended during the pendency of this Appeal.

(iii) Applicant r Chandrashekhar Sukdev Sherekar be released on bail on executing PR bond in the sum of Rs.25,000/r 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 frst 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.

8. Parties to act upon the authenticated copy of this order.

(NITIN B. SURYAWANSHI, J.)

Vina Khadpe

Signed by: Ms Vina A. Khadpe Designation: PS To Honourable Judge Date: 09/11/2023 19:34:57