Akash Sunil Mahadik vs State Of Maharashtra
2025 Latest Caselaw 3492 Bom

Citation : 2025 Latest Caselaw 3492 Bom
Judgement Date : 26 March, 2025

Bombay High Court

Akash Sunil Mahadik vs State Of Maharashtra on 26 March, 2025

Author: Revati Mohite Dere

Bench: Revati Mohite Dere

            Digitally
            signed by
            SHAGUFTA
   2025:BHC-AS:15134-DB
SHAGUFTA    QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN      Date:                                                        23-IA-5129-2024-GROUP.doc
            2025.04.02
            17:34:45
            +0530
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.5129 OF 2024
                                           (For Bail / Suspension of Sentence)
                                                            IN
                                         CRIMINAL APPEAL NO. 1279 OF 2024

                    Akash Sunil Mahadik
                    Age-33 Years, Occ. Agriculturist,
                    R/o.-Uruli Kanchan, Tal. Haveli,               ... Applicant
                    Dist. Pune                                       Accused No.4

                                  Versus
                    The State of Maharashtra                       ... Respondents

                    Mr. Priyal Sarda a/w Ms. Seema Dighe, Mr. Shubham Sane, Mr.
                    Rajesh Ranglani and Mr. Abhishek Jore for the Applicant

                    Mrs. P. P. Shinde, A.P.P for the Respondent-State

                                         CORAM : REVATI MOHITE DERE &
                                                   DR. NEELA GOKHALE, JJ.
                                        WEDNESDAY, 26th MARCH 2025
                    ORAL ORDER (Per Revati Mohite Dere, J.) :

1 Heard learned counsel for the parties.

2 By this application, the applicant seeks suspension of

his sentence and enlargement on bail, pending the hearing and

final disposal of the aforesaid appeal.

23-IA-5129-2024-GROUP.doc

3 The applicant, vide judgment and order dated 5 th

May 2022 passed by learned Additional Sessions Judge and

Additional Special Judge under MCOC Act, Pune, in MCOCA

Case No.19/2015, has been convicted alongwith other co-accused

for the offences punishable under Sections 120B r/w 302 and 302

r/w 34 of the Indian Penal Code (`IPC'). For the aforesaid

offences, the applicant alongwith other co-accused has been

sentenced to suffer rigorous imprisonment for life and to pay a

fine of Rs.1,000/-, in default, to suffer further rigorous

imprisonment for 3 months. Both the aforesaid substantive

sentences were directed to run concurrently.

4 As far as the offences punishable under the

Maharashtra Control of Organized Crime Act ('MCOC Act') are

concerned, the applicant alongwith other co-accused has been

acquitted of the said offences.

5 Perused the papers. The prosecution case essentially

23-IA-5129-2024-GROUP.doc

rests on a confession made by the applicant and co-accused

Nagesh Zhadkar under Section 18 of the MCOC Act. Apart from

the said confession, there is no other material adduced by the

prosecution qua the applicant. Admittedly, there is no recovery

of any weapon at the instance of the applicant.

6 Learned counsel for the applicant seeks bail on the

ground of parity with co-accused, Nagesh Zhadkar, whose

sentence was suspended and who was enlarged on bail by this

Court (Coram : Revati Mohite Dere and Prithviraj K. Chavan, JJ.)

vide order dated 19th December 2024.

7 Learned A.P.P does not dispute that the role of the

applicant is similar to that of co-accused, Nagesh Zhadkar.

8 As noted aforesaid, the applicant along with other co-

accused have been acquitted of the offences punishable under the

MCOCA. Having regard to the judgment of the Apex Court in

the case of State, Through Superintendent of Police, CBI/SIT vs.

23-IA-5129-2024-GROUP.doc

Nalini & Ors.1, a confession made under Section 18 of the

MCOCA can be relied upon, provided there is some

corroboration to the same, even if there is an acquittal under the

MCOCA. As far as the applicant is concerned, the only evidence

qua him, is the confession made by him and by co-accused,

Nagesh Zhadkar. There is no corroboration to the said

confession made by the applicant. The applicant stands on a

better footing that co-accused, Nagesh Zhadkar, who has been

enlarged on bail. The applicant is in custody for about 10 years.

The appeal is of the year 2022 and is not likely to be heard in the

immediate near future.

9 Considering the aforesaid, the application is allowed

and the applicant's sentence is suspended and he is enlarged on

bail, pending the hearing and final disposal of the aforesaid

appeal, on the following terms and conditions:

ORDER

(i) The applicant be enlarged on bail on furnishing

1 (1999) 5 Supreme Court Cases 253

23-IA-5129-2024-GROUP.doc

P.R. Bond in the sum of Rs.50,000/- with one or two local

sureties in the like amount;

(ii) The applicant shall report to the trial Court,

once in four months on the day/date specified by the trial

Court, till his Appeal is finally disposed of;

(iii) The 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) The applicant shall not contact the

complainant, witnesses or any person concerned with the

case;

(v) The applicant to reside outside Pune Rural, for

a period of 12 months, from the date of his release;