Anappa Vitthal Telgaon v. The State Of Maharashtra
RMA IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 1772 OF 2019 IN CRIMINAL APPEAL NO. 1006 OF 2017 WITH CRIMINAL APPEAL NO. 1006 OF 2017 Anappa Vitthal Telgaon .. Applicant Vs.
The State of Maharashtra .. Respondent WITH CRIMINAL APPEAL NO. 63 OF 2020 The State of Maharashtra .. Appellant Vs.
Gunappa Sidhanna Chougale & Ors.
.. Respondents WITH CRIMINAL APPEAL NO. 78 OF 2020 Mahasiddha Siddhanna Chougule .. Appellant Vs.
The State of Maharashtra & Ors.
.. Respondents WITH CRIMINAL APPEAL NO. 31 OF 2018 Suresh Vitthal Telgaon .. Appellant Vs.
The State of Maharashtra .. Respondent WITH CRIMINAL APPEAL NO. 332 OF 2019 Rajkumar Hanmant Birajdar .. Appellant Vs.
Mahasidha Sidhanna Chougule & Ors.
.. Respondents WITH CRIMINAL APPEAL NO. 493 OF 2019 1/4
The State of Maharashtra .. Appellant Vs.
Subhash Hanmant Birajdar & Ors.
.. Respondents WITH INTERIM APPLICATION NO. 2083 OF 2021 IN CRIMINAL APPLICATION NO. 969 OF 2018 Rajkumar Hanmant Birajdar .. Applicant Vs.
The State of Maharashtra .. Respondent WITH INTERIM APPLICATION NO. 2080 OF 2021 IN CRIMINAL APPLICATION NO. 1185 OF 2018 Rajkumar Hanmant Birajdar .. Applicant Vs.
The State of Maharashtra .. Respondent WITH CRIMINAL APPLICATION NO. 1689 OF 2018 IN CRIMINAL APPLICATION NO. 72 OF 2018 Avadhut Chandaram Chougule .. Applicant Vs.
The State of Maharashtra .. Respondent WITH CRIMINAL APPEAL NO. 1075 OF 2017 Somling Hanmant Birajdar & Ors .. Appellants Vs.
The State of Maharashtra .. Respondent Mr. Sudhir C. Halli a/w Mr. Sachin Sonawane for Applicant in IA 1772/2019 Mr. Sagar Tambe i/ by Mr. Ritesh Thobde for Appellant in Cri. Appeal 1075/2017 Mr. S.S. Hulke, APP for State 2/4
CORAM
: A.S. GADKARI & MILIND N. JADHAV, JJ.
DATE : 18th August 2022.
P.C.
:
.
Interim Application No. 1772 of 2019 is for suspension of sentence and releasing the Applicant on bail. 2.
Applicant is original accused No. 13. Applicant along with five others has been convicted under Sections 143, 147, 148, 307 read with 149 of IPC and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/- 3.
Record indicates that, the co-accused i.e. Accused No. 8 - Mahadeo Balani Chougule and Accused No. 1 - Mahasidha Sidhanna Chougule have been released on bail by this Court by Orders dated 30.08.2021 and 16.06.2022 respectively.
4.
Perusal of record prima facie indicates that, the role attributed to the present Applicant is similar to that of Accused No. 8 - Mahadeo Chougule in the present crime. As the co-accused i.e. Accused No. 8 Mahadeo Balani Chougule and Accused No. 1 - Mahasidha Sidhanna Chougule have been released on bail by this Court, Applicant is also entitled to be released on bail on the ground of parity. In view thereof, during pendency of the present Appeal, substantive sentence imposed on the Applicant can be suspended and he can be released on bail.
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5.
Hence the following order:- (i) Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two local sureties in the like amount;
(ii) Applicant shall report to the trial Court, once in three months on the day / date specified by the trial Court, till his appeal is finally disposed of;
(iii) Applicant shall keep the trial Court informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time; (iv) If there are two consecutive defaults in appearing before the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.
6.
Interim Application No. 1772 of 2019 is accordingly allowed in the aforesaid terms.
[ MILIND N. JADHAV, J. ] [ A.S. GADKARI, J.] by RAVINDRA MOHAN AMBERKAR Date:
2022.08.19 17:20:18 +0530 RAVINDRA MOHAN AMBERKAR 4/4