Tanaji Laxman Pawar vs State Of Maharashtra And Anr
2024 Latest Caselaw 917 Bom

Bombay High Court

Tanaji Laxman Pawar vs State Of Maharashtra And Anr on 15 January, 2024

Author: A.S.Gadkari

Bench: A.S.Gadkari

  2024:BHC-AS:2242-DB

                   Jyoti                                                      13-IA 4226-23 IN Appl 800-19.doc



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                CRIMINAL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO. 4226 OF 2023
                                                              IN
                                               CRIMINAL APPEAL NO. 800 OF 2019

                   Tanaji Laxman Pawar                                      .. Applicant
                         v/s.
                   The State of Maharashtra & Anr.                          .. Respondents



                   Ms. Vrushali Maindad a/w. Shaheen Kapadia for the Applicant .
                   Mr. S.V.Gavand, APP for the Respondent No.1-State.
                   Ms. Divyashree Shabagh i/b.Mr. Jaydeep Mane for the Respondent-2.



                                                          CORAM : A.S.GADKARI &
                                                                  SHYAM C.CHANDAK, JJ.

DATED : 15th JANUARY, 2024.

P.C. :

1) This is an application for suspension of sentence and releasing

the Applicant on bail.

JYOTI RAJESH 2) The Applicant is original Accused No.10 in Sessions Case No. MANE

by JYOTI 181/2014 decided by the learned Additional Sessions Judge, Barshi by its

impugned Judgment and Order dated 2 April 2019, whereby the Applicant

alongwith other co-accused have been convicted under Section 302 r/w. 149

and other allied Sections of the Indian Penal Code.

 Jyoti                                                              13-IA 4226-23 IN Appl 800-19.doc



3)                  Learned counsel for the Applicant submitted that, the co-

accused Nitin Pawar (Accused No.9) alongwith other accused persons has

been released on bail by this Court by its order dated 1 st November 2023. He

further submitted that, the role attributed to the said accused

person/persons and the Applicant herein is same and/or similar and

therefore the Applicant is entitled to claim parity with the said co-accused.

4) Perusal of record indicates that, the role attributed to the

Applicant in the present crime is same and/or similar to that of the Accused

No.9-Nitin Pawar and therefore, the principle of parity is squarely applicable

to the Applicant herein. In view of the above, during pendency of the

Appeal, we are inclined to suspend the substantive sentence imposed upon

the Applicant and releasing him 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

Jyoti 13-IA 4226-23 IN Appl 800-19.doc

address and mobile 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.)