Vishal Raju Donde vs State Of Maharashtra
2023 Latest Caselaw 10832 Bom

2023:BHC-AS:31180




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                                                                               15.ia2663.23.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.2663 OF 2023
                                        IN
                         CRIMINAL APPEAL NO.914 OF 2023


             Vishal Raju Donde                         ...Applicant
                   vs.
             State of Maharashtra                      ...Respondent


             Mr. Pratik Kalantri for the Applicant.
             Mrs. P. P. Shinde APP for the Respondent-State.


                                    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. Applicant has so far undergone approximately two

years and three months of imprisonment. Co-accused of

Applicant from same case is already acquitted by this Court

in Criminal Appeal No.336 of 2020 by the judgment dated

4th January 2023. This being a short term sentence, in the

Shiv

15.ia2663.23.doc 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, the applicant deserves to be released on bail. No

exceptional grounds are made out for not granting this

Application.

3. In the result, the following order :-

(i) Application is allowed.

(ii) Substantive sentence of imprisonment imposed vide

judgment and order dated 26th February 2020 in Sessions

Case No.363 of 2017 is suspended during the pendency of

the Appeal.

(ii) Applicant-Vishal Raju Donde 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 remain present in the trial Court once in

three months on first Monday.

[N. B. SURYAWANSHI, J.]

Shiv