Bombay High Court
Vyankatesh Nanasaheb More vs State Of Maharashtra And Anr on 31 October, 2023
Bench: Nitin B. Suryawanshi
2023:BHC-AS:32813
3-IA-2829-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2829 OF 2023
IN
CRIMINAL APPEAL NO. 870 OF 2023
Vyankatesh Nanasaheb More ...Appellant
Versus
The State Of Maharashtra & Anr. ...Respondents
Mr. Aniket U. Nikam a/w Mr. Piyush Toshnival a/w Mr.
Aashish Satpute i/by Mr. Amit Icham, Advocates for
applicant.
Mr. A. R. Patil, APP for the Respondent-State.
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 31st OCTOBER 2023
PC.:
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. Applicant is convicted by the District Judge-3 and
Additional Sessions Judge, Nashik under Sections 143, 147,
148, 307 read with Section 149 of the Indian Penal Code,
1860 and Section 7 of Criminal Law Amendment Act in
Sessions Case No. 68 of 2017 and sentenced to suffer RI for
seven years and to pay the fne of Rs. 10500/-.
D.A.ETHAPE P.A. .... 1
3-IA-2829-2023.doc
2. Learned Advocate for applicant fairly pointed out that
one of the co-accused in the present crime namely Rakesh
Tukaram Koshti's bail application has been rejected by this
Court vide order dated 8th September 2023. He however,
pointed out that accused had undergone only one year and
ten months imprisonment whereas the present applicant has
undergone four years and eight months imprisonment.
3. Learned APP opposed the application contending that
there is one more offence registered against the applicant
under Section 302 of IPC. In reply, learned Advocate for
applicant has placed on record a copy of order passed by this
Court (Coram : V. G. Bisht, J.) dated 20 th December 2021 in
Bail Application No. 1371 of 2020, whereby applicant was
granted bail in the said offence on the ground that at the time
of commission of offence, applicant was in jail. The said
observation is in paragraph 14 of the order.
5. Sentence imposed on the applicant 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, and as applicant has already
undergone substantive sentence of four years and eight
months imprisonment by now and as no special ground are
D.A.ETHAPE P.A. .... 2
3-IA-2829-2023.doc
made out to deny relief to the applicant, application deserves
to be allowed. Hence, the following order:-
(i) Application is allowed.
(ii) Substantive sentence of imprisonment imposed vide
judgment and order dated 11th July 2023 in Sessions Case No.
68 of 2017 is suspended during the pendency of the appeal.
(iii) Applicant - Vyankatesh Nanasaheb More be rleeased on
bail on executing PR bond in the sum of Rs. 15,000/- with one
surety in the like amount.
(iv) Applicant shall attend concerned Police Station once in
a month on every frst Sunday between 10:00 am to 12:00
noon.
(v) Applicant shall furnish his present address and
cellphone number with the Police Station.
(NITIN B. SURYAWANSHI, J.)
D.A.ETHAPE P.A. .... 3
