Sanjay Lahu Karbhari vs State Of Maharashtra
2023 Latest Caselaw 11560 Bom

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                                                                         909.IA.4148.2023.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                APPELLATE SIDE CRIMINAL JURISDICTION

              CRI-INTERIM APPLICATION NO. 4148 OF 2023
                                 In
                       CR. APPEAL 425 OF 2018

Sanjay Lahu Karbhari                                   ....Applicant
     V/S
State Of Maharashtra                                    ....Respondent

Mr. Kuldeep Patil i/by Vivek Vijay Salunke for the Applicant. Mr. Parth Modak i/b. Ms. Preeti Walimbe for the Intervenor. Smt. M. M. Deshmukh APP for the Respondent-State

CORAM : NITIN W. SAMBRE & N. R. BORKAR, JJ

DATED : 8th NOVEMBER, 2023 P.C.:

1. In Sessions Case No. 24 OF 2013, Applicant/Accused No. 7

came to be convicted vide judgment and order dated 07/03/2018

for the offence punishable u/s. 302 and other allied Sections and

directed to undergo life imprisonment.

2. We are informed that the Applicant as against the offence

dated 03/10/2012 was taken into custody on the very same day

and till this date the Applicant had undergone more than 11 years'

of imprisonment.

3. Apart from above, the contentions are similarly placed

accused being A-4 is already ordered to be released by this Court

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in Interim Application No. 3410 of 2023 decided on 01/11/2023.

4. Learned APP assisted by learned Counsel for the intervenor

submits that the case of the Applicant cannot be treated at par as

the role attributed to the Applicant is that of attack by kicks and

fists blows.

5. We have considered the submissions.

6. Having regard to the law laid down by the Apex Court in the

matter of Sonadhar vs. The State of Chhattisgarh reported in

2022 LiveLaw (SC) 788 the Applicant's prayer for release and

suspension of sentence needs to be considered having already

undergone more than 10 years of imprisonment. Even though the

Appeal is pending since 2018, the same is not likely to be heard in

the recent future.

7. Apart from above, the Court is sensitive to the role attributed

to the Applicant viz. attack by fists blows and not by any weapon.

8. In view of above, the Application stands allowed.

9. The Applicant - Sanjay Lahu Karbhari be released on bail on

furnishing P.R. bond in the sum of Rs.25,000/- with one or two

sureties in the like amount.

10. The Applicant - Sanjay Lahu Karbhari shall attend the

concerned police station once in a month i.e. on first Saturday

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909.IA.4148.2023.doc

between 11.00 a.m. to 2.00 p.m. till disposal of his Appeal.

            (N. R. BORKAR, J)        (NITIN W. SAMBRE, J.)




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