Vishal Raju Donde v. State Of Maharashtra

by HEMANT CHANDERSEN SHIV Date:

2023.08.20 02:41:22 +0530 HEMANT CHANDERSEN SHIV 1/2 15.ia2663.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2663 OF 2023 IN CRIMINAL APPEAL NO.914 OF 2023 Vishal Raju Donde ...Applicant vs.

State of Maharashtra

...Respondent

Mr. Pratik Kalantri for the Applicant.

Mrs. P. P. Shinde APP for the Respondent-State. CORAM : N. B. SURYAWANSHI, J.

DATED : 18TH OCTOBER 2023 P. C. :

1.

This is an application for suspension of sentence and grant of bail during the pendency of Criminal Appeal preferred by applicants challenging the judgment of conviction.

2.

Applicant has so far undergone approximately two years and three months of imprisonment. Co-accused of Applicant from same case is already acquitted by this Court in Criminal Appeal No.336 of 2020 by the judgment dated 4th January 2023. This being a short term sentence, in the Shiv

2/2 15.ia2663.23.doc light of decision of the Apex Court in the case of Bhagwan Rama Shinde Gosai and Ors. vs. State of Gujarat (1999) SCC (Cri.) 553, the applicant deserves to be released on bail. No exceptional grounds are made out for not granting this Application.

3.

In the result, the following order :- (i) Application is allowed.

(ii) Substantive sentence of imprisonment imposed vide judgment and order dated 26th February 2020 in Sessions Case No.363 of 2017 is suspended during the pendency of the Appeal.

(ii) Applicant-Vishal Raju Donde be released on bail on executing PR bond in the sum of Rs.15,000/- with one surety in the like amount.

(iv) Applicant shall remain present in the trial Court once in three months on first Monday.

[N. B. SURYAWANSHI, J.] Shiv