Bombay High Court
Sanjay Jagannath Malve vs State Of Maharashtra on 7 May, 2024
Author: A.S. Gadkari
Bench: A.S. Gadkari
2024:BHC-AS:22339-DB
P.H. Jayani 36 IA1040.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1040 OF 2024
IN
CRIMINAL APPEAL NO. 419 OF 2017
Sanjay Jagannath Malve .... Applicant
v/s.
The State of Maharashtra .... Respondent
Mr. Ritesh Thobde (through VC) a/w. Ms. Zubi Ansari i/b.
Mr. Kamran Shaikh for the Applicant.
Mr. J.P. Yagnik, APP for the State.
CORAM: A.S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATED : 07th MAY, 2024.
P. C. :-
1) This is an Application for suspension of sentence and enlarging
the Applicant on bail, during the pendency of the Appeal.
2) The Appellant is convicted by the learned Additional Sessions
Judge, Pandharpur by its Judgment and Order dated 27 th June, 2016 in
Sessions Case No.18 of 2014, for the offences punishable under Sections 302,
341, 354-D and 452 of the Indian Penal Code and has been sentenced to
suffer rigorous imprisonment for life under Section 302 of IPC. The sentences
imposed upon the Applicant on other counts are directed to run concurrently
by the trial Court with substantive sentence imposed under Section 302 of
IPC.
3) Learned Advocate for the Applicant produced on record a
P.H. Jayani 36 IA1040.2024.doc
photocopy of the Imprisonment Certificate dated 03 rd April, 2024 issued by
the Superintendent, Visapur District Open Prison, Taluka Shrigonda, District
Ahmednagar stating that, the Applicant has undergone actual total sentence
period of 10 years, 01 month and 15 days and including the remission he has
undergone 14 years, 01 month and 07 days in incarceration.
4) 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 25 th September 2023, we are
inclined to suspend the substantive sentence imposed upon the Applicant and
release him on bail.
4.1) Hence, the following Order :-
(i) Applicant shall be released on bail in Sessions Case No.18
of 2014 arising out of C.R.No.37/2014 registered with
Mangalwedha Police Station, District Solapur on his furnishing
P.R. bond in the sum 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 Mangalwedha Police
P.H. Jayani 36 IA1040.2024.doc
Station, District Solapur on every first Monday of the month
between 10.00 a.m. and 12.00 noon initially for a period of one
year.
After end of one year, the Applicant shall attend
Mangalwedha Police Station, Solapur on every 1st Monday of
every 3rd Month between 10:00 a.m. and 12:00 noon. The
Applicant thus shall attend Mangalwedha Police Station, Solapur
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 his bail.
(iv) Applicant shall inform his prospective residential address
to the trial Court. The Applicant shall keep informed the trial
Court of 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.
5) Interim Application is allowed in the aforesaid terms.
(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.)
