Shankar @ Bablu Subhash Pawar v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1440 OF 2024 IN CRIMINAL APPEAL NO. 727 OF 2019 Shankar @ Bablu Subhash Pawar .....Applicant Vs.
State Of Maharashtra & Anr.
.....Respondents Adv. Priyal G. Sarda a/w Adv. Seema S. Dighe for the Applicant. Mrs. A.A. Takalkar APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.
DATE : 17th APRIL, 2024.
P.C.:- 1) This is an Application for suspension of sentence and enlarging on bail by the Applicant-Original Accused No.4. 2) Applicant is convicted under Section 302 read with Section 149 of the Indian Penal Code by the learned Additional Sessions Judge, Barshi District Solapur in Sessions Case No.181 of 2014 arising out of C.R. No.68 of 2014 registered with Vairag Police Station, District Solapur and is sentenced to undergo rigorous imprisonment for life. 3) Record indicates that, there were in all 18 accused persons. Out of which 17 accused persons have already been directed to be released on 1/3
bail during the pendency of their respective Appeals. 4) The role attributed to the Applicant is same and/or similar to that of other co-accused and therefore the Applicant deserves to be released on bail on the ground of parity during the pendency of the Appeal. 5) Hence, the following Order:- (a) Applicant-original Accused No.4 shall be released on bail in Sessions Case No. 181 of 2014, arising out of CR No. 68 of 2014 registered with Vairag Police Station, District Solapur, on his furnishing P.R. bond of Rs.25,000/- with one or two local sureties in the like amount. (b) After his release from Jail and during the pendency of the present Appeal, the Applicant shall attend Vairag Police Station, District Solapur, on every first Monday of the month between 10:00 am and 12:00 noon initially for a period of one year.
After end of one year, the Applicant shall attend Vairag Police Station, District Solapur, on every first Monday of the every 3rd Month between 10:00 am and 12:00 noon. The Applicant thus shall attend Vairag Police Station, District Solapur, four times in a year during the pendency of the present Appeal.
(c) In case of two consecutive defaults in complying with the 2/3
aforestated conditions, the prosecution is at liberty to file an application for cancellation of bail.
(d) Applicant shall inform his prospective residential address to the trial Court. Applicant shall keep informed the trial Court any change in his residential address and his mobile number, on which he can be contacted.
(e) Applicant shall make himself available at the time of final hearing of the Appeal.
6) Interim Application is allowed in the aforesaid terms. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:
2024.05.07 11:32:13 +0530 SANJIV SHARNAPPA MASHALKAR 3/3