Bombay High Court
Narhari Narayan Satam @ Pankaj vs State Of Maharashtra on 23 October, 2023
Bench: Nitin B. Suryawanshi
2023:BHC-AS:32034
19-IA-1038-2023 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1038 OF 2023
IN
CRIMINAL APPEAL NO. 739 OF 20232
Narhari Narayan Satam @ Pankaj ...Applicant
Versus
The State Of Maharashtra ...Respondent
Mr. Jagdish G. Shetty, Advocate for the Applicant.
Mrs. M. H. Mhatre, APP for the Respondent-State.
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 23rd OCTOBER 2023
PC.:
1. The applicant is convicted by learned Additional
Sessions Judge & Special Judge under MCOC/NIA/POTA,
Greater Mumbai in MCOC Special Case No.07 of 2015, under
Sections 120-B, 387 read with 34 of the Indian Penal Code,
1860 and Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra
Control of Organised Crime Act, 1999 and sentenced to suffer
10 years rigorous imprisonment and to pay total fne of
Rs.15,05,000/- is imposed on the applicant.
2. Learned Advocate for the applicant submits that
sentence imposed on the applicant is short term. He further
submits that exorbitant fne amount is imposed on the
applicant and applicant is not in a position to deposit the fne
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19-IA-1038-2023 (CR).doc
amount. He relies on the decision of this Court (Coram :
Prakash D. Naik, J.) in Criminal Application No.1602 of 2018
and connected matters in Criminal Appeal No. 161 of 2018
wherein the sentence of payment of fne of Rs.5,00,000/- was
relaxed. He further submits that, there is non-compliance of
Rule 15(3)(b), which is held to be mandatory by Apex Court
in the case of Bharatbhai @ Jimi Premchandbhai Vs. State of
Gujarat (2003) ALL MR (Cri) 164 (S.C.). He also relied on
the decision of Supreme Court in Special Leave to Appeal
(Crl) No. 4633 of 2021 wherein considering the fact that
convicts has undergone 8 years of actual sentence and it was
held that bail would be the rule. Reliance is also placed on the
decision of Supreme Court in Criminal Appeal No. 1562 of
2021 (arising out of SLP (Cri.) No. 8647 of 2021) wherein out
of ten years sentence, convicts has undergone eight years and
fve days of imprisonment and therefore, bail was granted.
His suspension of sentence was suspended.
3. Learned APP on the other hand strenuously opposed
prayer stating that applicant is convicted under MCOC Act
and therefore, is not entitled for bail. He stated that, bail may
be heard fnally.
4. Since the applicant has undergone substantive sentence
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19-IA-1038-2023 (CR).doc
of eight years and eight months, appeal of applicant is already
admitted but the same is not likely to be heard in near future,
applicant has made out a case for suspension of sentence. In
Criminal Application No.1602 of 2018 and connected matters
in Criminal Appeal No. 161 of 2018 in similar facts, this Court
relaxed the sentence of payment of fne amount of Rs.
5,00,000/- by directing him to pay 50,000/- on each count. In
this view of the matter, applicant is entitled for the same
relief. Hence, the following order:-
(i) Interim Application No.1038 of 2023 is allowed;
(ii) Substantive sentence of imprisonment imposed on the
applicant vide judgment and order dated 31 st May 2022
passed by learned Additional Sessions Judge & Special Judge
under MCOC/NIA/POTA, Greater Mumbai in MCOC Special
Case No.07 of 2015 is suspended during the pendency of
Appeal.
(iii) Applicant is directed to be released on bail on his
furnishing PR bond in the sum of Rs. 15,000/- with one
solvent surety in the like amount.
(iv) Sentence of payment of fne of Rs. 5 lakhs on each
conviction under Section 3(1)(ii), 3(2) and 3(4) of MCOC Act
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19-IA-1038-2023 (CR).doc
is relaxed and the applicant is directed to deposit fne of
Rs.50,000/- on each count within a period of eight weeks from
the date of his release.
(v) It is clarifed that the relaxation for payment of fne is
granted pending appeal and it is subject to the decision in the
appeal challenging order of conviction.
(vi) Applicant shall pay fne of Rs. 5,000/- for conviction
under Sections 120-B, 387 of the IPC immediately before his
release on bail.
(vii) Applicant shall attend concerned Police Station once in
a month on frst Sunday until further orders.
(viii) Applicant shall furnish his present address and
cellphone number with the Investigating Offcer.
(NITIN B. SURYAWANSHI, J.)
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