Bombay High Court
Pravin Dattatraya Chougule vs State Of Maharashtra And Anr on 23 January, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:4355-DB
Jyoti 34- IA 4289-23 IN Apeal 1331-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4289 OF 2023
IN
CRIMINAL APPEAL NO. 1331 OF 2023
Pravin Dattatraya Chougule .. Applicant
Ori.Appellant
vs.
State of Maharashtra & Anr. .. Respondents
Mr.Vrushali Maindad a/w. Shaheen Kapadia for the Applicant.
Mr. S.V.Gavand, APP for the Respondent No.1-State.
CORAM: A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 23th JANUARY, 2024.
P. C.:-
1) This is an Application for suspension of sentence and releasing
JYOTI the Applicant on bail.
RAJESH
MANE
Digitally signed 2) The Applicant is behind bars since the date of his arrest i.e.
by JYOTI
RAJESH MANE
Date: 2024.01.30
15:43:58 +0530
from 26th September 2011 in Sessions Case No.20/2012 which is decided by
the learned Additional Sessions Judge, Pune on 25th August, 2023 by its
impugned Judgment and Order. Thus, the Applicant is in incarceration for
little over 12 years.
3) In view of the present assignment of this Court, the possibility of
Jyoti 34- IA 4289-23 IN Apeal 1331-23.doc
hearing the substantive Appeal preferred by the Applicant in near future is
remote.
4) The view expressed by the Hon'ble Supreme Court in the 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 25 th 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, is squarely applicable to the case of the
Applicant as he has already undergone incarceration for more than 10 years.
5) In view of the above and during the pendency of present
Appeal, we are inclined to suspend the substantive sentence imposed upon
the Applicant and to release him on bail .
6) Hence, the following Order.
(i) Applicant shall be released on bail in Sessions Case No.
20 of 2012 arising out of FIR No.229/2011, registered
with Vishrantwadi 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 Vishrantwadi
Police Station, District Pune on every first Monday of the
month between 10:00 am and 12:00 noon initially for a
period of one year.
Jyoti 34- IA 4289-23 IN Apeal 1331-23.doc
After end of one year, the Applicant shall attend
Vishrantwadi Police Station, District Pune on every first
Monday of the every 3rd Month between 10:00 am and
12:00 noon. The Applicant thus shall attend Vishrantwadi
Police Station, District Pune, 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.
7) Application is allowed in the aforesaid terms.
(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.)
