Ram Balu Kedari v. State Of Maharashtra

ssm 14-ia461.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 461 OF 2024 IN CRIMINAL APPEAL NO. 104 OF 2024 Ram Balu Kedari .....Applicant Vs.

The State Of Maharashtra .....Respondent Adv. Priyal Sarda a/w Adv. Seema S. Dighe for the Applicant. Dr. Dhanalakshmi Iyer APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 20th MARCH, 2024.

P.C.:- 1) This is an Application for suspension of sentence and releasing the Applicant, Original accused No.5, on bail. 2) The Hon'ble Supreme Court by its Order dated 1st May, 2023 has granted bail to the Accused No.8, Pappu Utekar on the ground that, he has already suffered incarceration of about 7 years and 11 months on the date of passing of the said Order.

3) The observations made by the Hon'ble Supreme Court in paragraph No.1 of the said Order dated 1st May, 2023 are also applicable to the present Applicant. Record further indicates that, all the other accused persons have been released on bail by this Court. 1/2

ssm 14-ia461.2024.doc 4) In view thereof, the Applicant also deserves to be released on bail during the pendency of Appeal. Therefore, during the pendency of Appeal, we are inclined to suspend the sentence and release the Applicant on bail.

4.1) Hence, the following order:-

O R D E R

(i) Applicant be enlarged on bail on his furnishing P.R. bond in the sum of Rs.50,000/- 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 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. 6) Application is allowed in the aforesaid terms. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2024.04.02 04:53:13 +0530 2/2 SANJIV SHARNAPPA MASHALKAR