Prashant Ganesh Pasalkar And Anr vs State Of Maharashtra
2023 Latest Caselaw 10828 Bom

2023:BHC-AS:31177




                                                  1/3
                                                                            905.ia2258.23.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.2258 OF 2023
                                        IN
                              APPEAL NO.707 OF 2023


             1. Prashant Ganesh Pasalkar                  ...
             2. Vishal Sanjay Pawar                       ... Applicants
                   vs.
             State of Maharashtra                         ... Respondent


             Mr. Satyavrat Joshi for the Applicants.
             Mrs. P. P. Shinde APP for the Respondent-State.
             Mr. V. J. Mahangade, API, Saswad police station present.


                                    CORAM : N. B. SURYAWANSHI, J.

DATED : 18TH OCTOBER 2023

P. C. :

1. This is an application for suspension of sentence

and grant of bail during the pendency of Criminal Appeal

preferred by applicant challenging the judgment of

conviction.

2. Applicants are convicted by learned Additional

Sessions Judge, Pune in Sessions Case No.186 of 2016, under

Section 307 read with 34 of Indian Penal Code.

3. Learned Advocate for the Applicants strenuously

Shiv

905.ia2258.23.doc urged that the offence cannot go beyond Section 324 of the

IPC, in view of evidence brought on record by the

prosecution. He, therefore, submits that since Section 324 of

the IPC is bailable offence, applicants deserve to be released

on bail.

4. Learned APP opposed the application of Applicant

No.1 on the ground that two more offences being C.R.

No.238 of 2019, under Sections 143, 149, 324, 504, 506 of

Indian Penal Code and C.R. No.387 of 2021, under Section 21

of the NDPS Act, are registered against applicant No.1 with

Saswad police station. Therefore, considering the criminal

antecedents he is not entitled for bail.

5. Considering the criminal antecedents, Applicant

No.1 is not entitled for suspension of sentence.

6. So far as Applicant No.2-Vishal Pawar is

concerned, there are no criminal antecedents and

considering that the sentence of seven years being a short

term sentence, in the wake of decision in the case of

Bhagwan Rama Shinde Gosai and Ors. vs. State of Gujarat

(1999) SCC (Cri.) 553, and considering the fact that no

exceptional grounds are there to reject the bail.

Shiv

905.ia2258.23.doc Application of Applicant No.2 deserves to be allowed.

7. In the result the following order is passed :-

(i) Application of Applicant No.1-Prashant Pashalkar is

rejected.

(ii) During the pendency of the present Appeal, the

substantive sentence of imprisonment imposed upon

Applicant No.2-Vishal Pawar is suspended.

(iii) Applicant No.2-Vishal Pawar be released on bail on his

furnishing P.R. bond in the sum of Rs.15,000/- (Rupees

Fifteen Thousand only) with one solvent surety of the

like amount.

(iv) Applicant No.2-Vishal Pawar shall not contact either

complainant or any of the witnesses or their family

members and shall not indulge is any unlawful activity

or business.

(v) Applicant No.2-Vishal Pawar shall report to the trial

Court once in three months on first Monday, until

further orders.

(vi) Application is disposed of accordingly.

[N. B. SURYAWANSHI, J.]

Shiv