Jagdish Premsingh Mevada And Anr vs State Of Maharashtra
2023 Latest Caselaw 10829 Bom

2023:BHC-AS:31179




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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.1535 OF 2023
                                        IN
                         CRIMINAL APPEAL NO.473 OF 2023


             1. Jagdish Premsingh Mevada                              ...
             2. Bharat Shyamji Singadia                               ... Applicant
                   vs.
             The State of Maharashtra                                 ... Respondent


             Mr. Kalam Shaikh and Sana Shaikh for the Applicant.
             Mrs. P. P. Shinde APP for the Respondent.


                                    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 applicants challenging the judgment of

conviction.

2. Applicants are convicted by the Additional

Sessions Judge, Dindoshi under Sections 395, 412, 451, 365,

342, 170, 120(B) of the Indian Penal Code, in Sessions Case

No.200 of 2015 and sentenced to suffer RI for five years and

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10.ia1535.23.doc to pay the fine of Rs.5000/- each.

3. Perused the record. Admittedly, the sentence is a

short term sentence. In the light of decision of the Apex

Court in the case of Bhagwan Rama Shinde Gosai and Ors.

vs. State of Gujarat (1999) SCC (Cri.) 553, applicants deserve

to be released on bail. No exceptional grounds are made out

for not granting this Application. Apart from this Applicant

No.1 has so far undergone 38 months imprisonment and

Applicant No.2 has undergone 31 months imprisonment.

Hence, the following order :

       (i)     Application is allowed.

       (ii)    Substantive sentence of imprisonment imposed vide

judgment and order dated 1st February 2023 in Sessions

Case No.200 of 2015 is suspended during the pendency of

the Appeal.

(ii) Applicant No.1 - Jagdish Premsingh Mevada and

Applicant No.2. Bharat Shyamji Singadia be released on bail

on executing PR bond in the sum of Rs.25,000/- each with

one surety in the like amount.

(iii) At this stage learned Advocate for the Applicant makes

a request that initially Applicants may be released on

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10.ia1535.23.doc executing PR bond and on furnishing cash security. After their

release they will be furnishing the surety. Applicant Nos.1

and 2 shall be released on bail on furnishing cash security of

Rs.25,000/- each and on executing PR bond of the same

amount.

(iv) Applicant Nos.1 and 2 shall attend the trial Court once

in three months on first Monday, until further orders.

(v) Applicants shall furnish their permanent address as well

as present address to the trial Court along with copies of

their Aadhar card and Cell numbers.

[N. B. SURYAWANSHI, J.]

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