Bombay High Court
Ajay Jeetnarayan Singh vs State Of Maharashtra And Anr on 9 January, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:1693-DB
H. C. Shiv 10.ia1981.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1981 OF 2023
IN
CRIMINAL APPEAL NO.788 OF 2023
Ajay Jeetnarayan Singh .. Applicant
vs.
State of Maharashtra & Anr. .. Respondents
Mr. Shirish Sawant with Sonal V. Parab i/b Rajeev Sawant & Associates for
the Applicant.
Mr. J. P. Yagnik APP for the Respondent No.1-State.
Mr. Kunal Tiwari i/b K. Juris Law Firm for the Respondent No.2.
CORAM: A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 9th JANUARY, 2024.
P. C.:-
1) Applicant-Original accused No.4 in Sessions Case No.84 of
2013, has preferred aforestated application for suspension of sentence and
releasing him on bail.
Applicant is convicted by the learned Additional Sessions Judge,
Borivali Division, Dindoshi, Mumbai in Sessions Case No.84 of 2013, by its
impugned Judgment and Order dated 30th May, 2022 under Section 302
read with 34 of the Indian Penal Code (for short "IPC") and other related
Sections of the IPC and sentenced to suffer imprisonment for life and also to
H. C. Shiv 10.ia1981.23.doc
pay fine, as more specifically stated in the operative part of the said
impugned Judgment and Order.
2) Record indicates that, the co-accused Nos.2, 3 and 5 have been
released on bail by this Court by its Orders dated 28 th April 2023, 4th August
2022 and 1st December 2022, respectively. The material available on record
against the said accused persons and qua the Applicant is same or similar.
Apart from the circumstance of last seen together and recoveries at the
instance of all the accused persons, there are two additional circumstances
against the Applicant i.e. witness P.W.12 saw the Applicant washing the
Innova vehicle after alleged commission of the offence and recovery of a
baton which was allegedly used by the Applicant in commission of the said
crime, i.e. for the murder of Mahesh Shukla in the intervening night of 17 th
December, 2012 to 18th December, 2012. Apart from the said two additional
circumstances as noted earlier the material available on record against the
Applicant and the other accused persons, who have been released on the bail
is same and/or similar.
3) Apart from the aforestated fact, the record indicates that since
the date of his arrest i.e. 17th December, 2012, the Applicant is behind bars
and has undergone incarceration for more than 11 years. The likelihood of
hearing of present Appeal finally in near future is bleak and therefore the
H. C. Shiv 10.ia1981.23.doc
Applicant deserves to be released on bail.
Hence, the following order :
(i) Applicant be enlarged on bail on his furnishing P.R. bond in the sum of
Rs.25,000/- with one or two solvent local sureties to make up the amount.
(ii) Applicant shall report to the trial Court, once in three months on the
day/date specified by the trial Court, till his Appeal is finally disposed off.
(iii) Applicant shall keep the trial Court informed of his current address
and mobile contact number and/or change of residence or mobile details, if
any, from time to time.
(iv) If there are two consecutive defaults in appearing before the trial
Court, the learned Judge shall make a report to the High Court and the
prosecution would be at liberty to file an application seeking cancellation of
bail.
5) Application is allowed in the aforesaid terms.
(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.)
