Bombay High Court
Anil Chaban Khatpe vs State Of Maharashtra on 15 January, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:2241-DB
Jyoti 16-IA-4488-23 in A-1203-23 with IA 447`-13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4488 OF 2023
IN
CRIMINAL APPEAL NO.1203 OF 2023
Swapnil Sambhaji Khatpe .. Applicant
v/s
State Of Maharashtra .. Respondent
WITH
INTERIM APPLICATION NO. 4471 OF 2023
IN
CRIMINAL APPEAL NO. 556 OF 2023
Anil Chaban Khatpe .. Applicant
v/s
State Of Maharashtra .. Respondent
Mr.Shekhar Jagtap i/b Mr.Akash Pandey, for the Applicant in
IA/4488/23 and for the Appellant in Appeal /1203/2023
Ms. A. A. Takalkar for the Respondent-State.
Mr.Ayush Pasbola a/w Mr. Sankalp Vichare, for the Applicant in IA/
4471/2023 and for the Appellant in Appeal/ 556/2023
CORAM : A. S. GADKARI &
SHYAM C. CHANDAK, JJ.
DATED : 15th JANUARY, 2024.
P.C. :
JYOTI
RAJESH
MANE 1) These are applications for suspension of sentence and
releasing the Applicants on bail, during the pendency of Appeal.
2) The Applicants are original Accused No.1 and 2 in
Jyoti 16-IA-4488-23 in A-1203-23 with IA 447`-13.doc
Sessions Case no.460/2015 decided by the learned Additional
Sessions Judge, Pune by its impugned Judgment and Order dated
30th January 2021.
The Applicants have been convicted under Section 302
r/w. 34 and under Section 120B of the Indian Penal Code and are
sentenced to suffer imprisonment for life.
3) Record indicates that the co-accused viz.Pappu Uttekar
i.e. Accused No.8 has been granted bail by the Hon'ble Supreme
Court in Crime Appeal (Diary) No.37680/2022 by its order dated 1 st
May 2023, predominantly on the ground that, he had already
suffered incarceration for a period of 7 years and 11 months on the
date of passing of the said order.
4) Record indicates that other co-accused viz. accused
No.3 Mahesh Wagh; accused No.5 Hemant Godambe ; accused No.7
Sagar Gole and accused No.9 Vaibhav Shelar have been granted
bail by this Court by its various orders.
5) The Applicants are behind the bars since the date of
their arrest i.e. 5th December 2014 and have undergone
approximately more than 5 years of incarceration as of today. In
view of the present assignment, the possibility of hearing of
substantive appeals preferred by the Applicants in near future, is
Jyoti 16-IA-4488-23 in A-1203-23 with IA 447`-13.doc
remote. The Applicants therefore are entitled to claim parity with
co-accused Pappu Uttekar (Accused No.8) who has been directed to
be released on bail by the Hon'ble Supreme Court on the ground of
prolonged incarceration.
6) Hence, the following order:
(i) Applicants be enlarged on bail on their furnishing
P.R. bond in the sum of Rs.50,000/- each with one or two
solvent local sureties to make up the amount.
(ii) Applicants shall report to the trial Court, once in
three months on the day/date specified by the trial Court,
till their Appeal is finally disposed off.
(iii) Applicants shall keep the trial Court informed of
their current 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) Both the Interim Applications are allowed in the
aforesaid terms.
(SHYAM C. CHANDAK, J.) (A. S. GADKARI, J.)
