Bombay High Court
Dev Parmanand Chalwadi vs The State Of Maharashtra on 2 February, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:6027-DB
RVC 33 IA-2632-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2632 OF 2023
IN
CRIMINAL APPEAL NO.156 OF 2017
Dev Parmanand Chalwadi ... Applicant
V/s.
The State of Maharashtra ... Respondent
Ms. Supriya Kak for Applicant.
Mr. J.P. Yagnik, APP for Respondent-State.
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 2nd February 2024
P.C. :
1) This is an application for suspension of sentence and releasing
the Applicant on bail.
2) Heard Ms. Kak, learned Advocate for Applicant and Mr.Yagnik,
learned A.P.P. for Respondent-State. Perused record.
3) Applicant is convicted under Section 302 read with 149 of
Indian Penal Code and is sentenced for life imprisonment, by the impugned
Judgment and Order dated 31st January 2017 in Sessions Case No.263 of
2011 passed by the learned Additional Sessions Judge, Pune.
4) It is an admitted fact on record that, since the date of his arrest
i.e. 29th December 2010, the Applicant is in incarceration and as undergone
more than 13 years of an actual imprisonment.
RVC 33 IA-2632-2023.doc
5) In view of the Guidelines issued by the Hon'ble Supreme Court
in the case of Saudan Singh Vs. The State of Uttar Pradesh in Criminal
Appeal No. 308 of 2022 [@ SLP (Crl.) No. 4633 of 2021], dated 25 th
February 2022 and the view expressed in cases of (i) Suleman Vs. The State
of Uttar Pradesh, Criminal Appeal No. 491 of 2022 (Arising out of SLP (Crl)
No. 1451 of 2022) dated 25th March 2022 and (ii) Dinesh @ Paul Daniel
Khajekar Vs. State of Maharashtra & Anr., Criminal Appeal No. 2987 of 2023
(Arising out of S.L.P. (Crl.) No. 10320 of 2023) dated 25th September 2023,
the Applicant is entitled to be released on bail during the pendency of
Appeal.
6) Hence, the following Order.
(i) Applicant shall be released on bail in Sessions Case No.
263/2011, arising out of CR No. 414 of 2010 registered
with Kothrud Police Station, Pune, on his furnishing P.R.
bond of Rs.25,000/- with one or two solvent local sureties
in the like amount.
(ii) After his release from Jail and during the pendency of the
present Appeal, the Applicant shall attend Kothrud Police
Station, Pune, on every first Monday of the month
between 10:00 am and 12:00 noon initially for a period of
one year.
After end of one year, the Applicant shall attend
Kothrud Police Station, Pune, on every first Monday of the
every 3rd Month between 10:00 am and 12:00 noon. The
Applicant thus shall attend Kothrud Police Station, Pune,
RVC 33 IA-2632-2023.doc
four times in a year during the pendency of the present
Appeal.
(iii) In case of two consecutive defaults in complying with the
aforestated conditions, the Prosecution is at liberty to file
an application for cancellation of bail.
(iv) Applicant shall inform his prospective residential address
to the trial Court. Applicant shall keep informed the trial
Court any change in his residential address and his mobile
number, on which he can be contacted.
(v) Applicant shall make himself available at the time of final
hearing of the Appeal.
7) Interim Application is allowed in the aforesaid terms.
( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )
