Mahendrasingh Karansingh Rathod v. State Of Maharashtra

Osk 27-Ia-2026-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2026 OF 2023 IN CRIMINAL APPEAL NO. 637 OF 2023 Mahendrasingh Karansingh Rathod ... Applicant/Appellant V/s.

The State of Maharashtra ... Respondent Ms. Apeksha Vora for Applicant/Appellant.

Mr. J.P. Yagnik, A.P.P. for Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 31st January 2024.

P.C. :

1) This is an application for suspension of sentence and releasing the Applicant on bail.

2) Heard Ms.Vora, learned Advocate for Applicant and Mr.Yagnik, learned A.P.P. for Respondent-State. Perused record. 3) It is an admitted fact on record that, since the date of his arrest i.e. 7th September 2012 the Applicant is in incarceration and as of today has undergone approximately 11 years and 04 months 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 1/3

Osk 27-Ia-2026-2023.doc Appeal No. 308 of 2022 [@ SLP (Crl.) No. 4633 of 2021], dated 25th 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 25th September 2023, the Applicant is entitled to be released on bail during the pendency of Appeal.

5) Hence, the following Order.

(i) Applicant shall be released on bail in Sessions Case No. 103 of 2013 @ Sessions Case No. 666 of 2013, arising out of CR No. 111 of 2012 registered with Pant Nagar Police Station, Mumbai (CR No. 84 of 2012 with D.C.B., C.I.D. Unit-7, Mumbai), on his furnishing P.R. bond 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 Office of D.C.B., C.I.D. Unit-7, Mumbai 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 Office of D.C.B., C.I.D. Unit-7, Mumbai on every first Monday of the every 3rd Month between 10:00 am and 12:00 noon. The Applicant thus shall attend Office of D.C.B., C.I.D. Unit-7, Mumbai, four times in a year during 2/3

Osk 27-Ia-2026-2023.doc 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 bail.

(iv) 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.

(v) 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 OMKAR SHIVAHAR KUMBHAKARN Date:

2024.02.02 10:34:03 +0530 OMKAR SHIVAHAR KUMBHAKARN 3/3