Kannu Bhikari Thakur v. The State Of Maharashtra

24-ba2260-2016.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2260 OF 2016 Kannu Bhikari Thakur ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Satyavrat Joshi, appointed advocate for the applicant.

Ms. Veera Shinde, APP for the respondent/State.

CORAM

: AMIT BORKAR, J.

DATED : JUNE 5, 2023 P.C.:

1.

This is an application under section 438 of the Code of Criminal Procedure, 1973 seeking bail in connection with C.R. No. 252 of 2010 and C.R. No.83 of 2010 which transgressed into the Maharashtra Control of Organized Crime Special Case No.12 of 2010, 2 of 2011 and 10 of 2011. From the certificate produced on record by the learned APP for the State issued by the Superintendent Nashik Road Central Prison, it appears that, the applicant has been convicted for offences under sections 387 read with 120(B), 307 read with 120(B) of the Indian Penal Code read with section 3(1)(2), 3(2), 3(4) of the Maharashtra Control of Organized Crime, the applicant has directed to undergo imprisonment for:

24-ba2260-2016.doc Punishment :- 1 5 years, fine of Rs.5,000/-, if not paid 1 year. :- 2 7 years, fine of Rs.5,000/-, if not paid 1 year. :- 3 10 years, fine of Rs.5,00,000/-, if not paid 3 years.

:- 4 10 years, fine of Rs.5,00,000/-, if not paid 3 years.

:- 5 10 years, fine of Rs.5,00,000/-, if not paid 3 years.

(Cumulative serving of all punishments and fines not paid.) 2.

Learned advocate appointed to represent the applicant states that there is possibility that the applicant may not be aware of his right to challenge the conviction or it is also possible that he is unaware of his legal rights.

3.

The Secretary, Maharashtra State Legal Services Authority is, therefore, directed to communicate to the Superintendent of Nashik Road Central Prison rights available to a convict. The applicant shall be made aware of his legal rights and legal remedies available to him.

4.

Since, the applicant has already been convicted, nothing remains to be adjudicated in the present application. 5.

The criminal bail application is, therefore, disposed of. No costs.

6.

Report is taken on record and marked Exhibit-'X' for identification.

(AMIT BORKAR, J.)