Pravin Vasantrao Thakare v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1742 OF 2024 IN CRIMINAL APPEAL NO. 485 OF 2017 Pravin Vasantrao Thakare .....Applicant Vs.
The State Of Maharashtra .....Respondent Mr. Aniket Vagal a/w Adv. Divesh Mehani, Adv. Kunal N. Pednekar and Savvy Kolhekar for the Applicant.
Mr. S.V. Gavand APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.
DATE : 6th MAY, 2024.
P.C.:- 1) This is a successive Application for suspension of sentence and releasing the Applicant on bail.
2) The earlier Application preferred by the Applicant bearing Interim Application No.2097 of 2021, was dismissed by a speaking Order dated 31st August, 2021 by the co-ordinate Bench. 3) Mr. Vagal, learned counsel for the Applicant submitted that, the Certificate of Imprisonment issued by the Superintendent of Yerwada Open Prison dated 5th April, 2024, mentions that, Applicant has undergone actual imprisonment of 10 years, 3 months and 20 days on the said date and 1/3
including remission earned upto 31st March, 2024 has undergone total imprisonment with remission of 17 years, 6 months and 14 days. 4) In view of the Guidelines issued by the Hon'ble Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, 2022 SCC OnLine SC 697 and the view expressed in cases of (i) Suleman Vs. The State of Uttar Pradesh, 2022 SCC OnLine SC 714, (ii) Sonadhar Vs. The State of Chhattisgarh, Petition(s) for Special Leave to Appeal (Crl.) No(s). 529 of 2021 dated 15th September, 2022 and (iii) 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 25th September 2023, the Applicant is entitled to be released on bail during the pendency of Appeal. 5) Hence, the following Order:- (a) Applicant shall be released on bail in Sessions Case No.56 of 2013 arising out of C.R. No.290 of 2012 registered with Dehu road Police Station, Pune 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 Dehu road Police Station, Pune on every first Monday of the month between 10:00 am and 12:00 noon initially for a period of one year.
2/3
After end of one year, the Applicant shall attend Dehu road Police Station, Pune on every first Monday of every 3rd month between 10:00 am and 12:00 noon. The Applicant thus shall attend Dehu road Police Station, Pune, four times in a year during the pendency of the present Appeal.
(c) In case of two consecutive defaults in complying with the 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: 2024.05.09 12:05:25 +0530 SANJIV SHARNAPPA MASHALKAR 3/3